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(영문) 서울중앙지방법원 2019.06.12 2016가단5224438
토지인도
Text

1. The Plaintiff:

A. Defendant B is 15,752,00 won, Defendant C, D, and E jointly with each of the Defendant B, and 3,500 out of the said money.

Reasons

1. Facts of background;

A. On August 14, 1975, the Plaintiff’s father G was registered as the owner on the land cadastre of Yongsan-gu Seoul Metropolitan Government HW large 174.5 square meters.

B. On January 21, 1976, the Ministry of Construction and Public Notice No. 8 of HJ large 174.5 square meters and the part of I land adjacent thereto, which is determined and publicly announced as urban planning facilities (road).

On April 27, 1981, the part 1, “A” was divided into 8.9 square meters and became the key land.

On May 7, 1981, the Plaintiff’s father G sells it to J, etc. on May 10, 1981, and completed the registration of ownership transfer on May 18, 1981.

C. The deceased G died on October 18, 2015, and the Plaintiff, its inheritor, completed the registration of ownership preservation on the key land that was unregistered on June 19, 2016.

In Yongsan-gu Seoul Metropolitan Government, the building of the second floor above ground and the fifth floor above ground (hereinafter referred to as the "building of this case") was newly constructed in around 1991.

Defendant B’s father L and mother of the Defendants purchased all of the instant buildings on K and H land and its ground around March 1995, and completed the registration of ownership transfer on May 31, 1995.

K Land was merged into H land on August 9, 1999.

(A) In the event that Defendant C and D completed the registration of ownership transfer on October 26, 2015 with respect to each of the instant shares among the instant buildings on May 16, 2015, on the ground that the Plaintiff died on May 16, 2015, Defendant C and D’s share of 1/8 shares, and Defendant E completed the registration of ownership transfer on 2/8 shares among the instant buildings.

E. The long-term implementation plan was not established after the determination of urban planning facilities (road) on the key land.

On May 31, 2018, the head of Yongsan-gu Seoul Metropolitan Government decided to revise the urban planning facilities (road) that exclude the controversial land from the urban planning facilities (road).

[Ground of recognition] Unsatisfy, A No. 1.

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