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(영문) 서울중앙지방법원 2018.04.26 2016가단5209279
소유권이전등기
Text

1. All of the plaintiff's lawsuits of this case are dismissed.

3. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 13, 1913, the GJ rateed No. 1,029 (hereinafter “the land before the instant subdivision”) is the land under the circumstances.

B. On December 30, 1961, the land before the instant subdivision was divided into K 798 square meters (2,638 square meters) and G 231 square meters (764 square meters; hereinafter “the land before the instant annexation”).

C. On May 5, 1962, Defendant Republic of Korea completed the registration of ownership preservation on the land and K land prior to the instant merger under its own name; on May 22, 1965, Defendant Republic of Korea completed the registration of ownership transfer on the ground of the completion of repayment on April 2, 1960; on the land prior to the instant merger, Defendant Republic of Korea completed the registration of ownership transfer on the ground of sale on December 29, 1984.

After that, on August 28, 2001, the registration of transfer of ownership was completed on the ground of sale in the name of Defendant F Co., Ltd., and on March 29, 2002, the registration of transfer of ownership was completed on the ground of trust in the future of Korea Housing Guarantee Co., Ltd., and on December 26, 2003, the apartment was constructed, sold in lots, and the site right was established on April 12, 2004.

E. On February 4, 2008, the above M jointly inherited the above M’s property by Defendant C, D, and E, its husband, who is the Defendant B, its children.

F. On May 1, 1950, N, the Plaintiff’s Republic of Korea, prepared an application for compensation for the land before the instant partition, and submitted it to the head of the Gyeonggi-gun Branch, and around 1951, the Gyeonggi-do Governor prepared and submitted a prop report on the land before the instant partition to the Governor of Gyeonggi-do.

G. On April 2, 1950, N succeeded to Australia due to the death of the Republic of Korea on April 2, 1950 by N, and on April 21, 1964, P succeeded to the Plaintiff, etc. whose son’s own property rights and duties were succeeded.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 6, Gap evidence 8 to 16-3, the purport of whole pleadings

2. The plaintiff's assertion ①

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