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(영문) 서울중앙지방법원 2018.02.13 2015가합566441
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 1, 2013, the Plaintiff was incorporated on October 1, 2013 by dividing the business of manufacturing and selling aggregate, concrete, asphalt, etc. from C (former A Co., Ltd.) and indicated only the parcel number when specifying individual land (hereinafter referred to as “specific land”) by C from the Songpa-gu Seoul Co., Ltd.

) The Plaintiff and C are engaged in the business by transferring all rights to the factory and business facilities (hereinafter “Plaintiffs”).

(2) The Plaintiff owned the land indicated in the “former land status” column of the annexed Table 2 attached hereto located in Songpa-gu Seoul Metropolitan Government Ddong (the above land is in the same state as the entry of the “current land status” column of the above Table after annexation, etc.; hereinafter, the above land shall be indicated as the old lot number before annexation). The Plaintiff established a ready-mixed factory (hereinafter “instant factory”) on the ground of the above land, and operates the above land as the site “instant factory site” from around 1978 to the present date.

B. 1) Of the instant factory site, part of the instant factory site B, E, F land (attached Form 1, 2, and 3) and the Gu I, J, K, K, L, M, and N land, which is deemed below the Gu G, H land owned by the Plaintiff, G, H, Gu G, H, H land, and Gu I, J, K, L, M, and N were merged into “18,226 square meters of a N historic site” on July 5, 2005. The instant factory site is indicated as “the Gu parcel number before the annexation,” as in the instant factory site. The total of 125,250 square meters including B, etc. is indicated as “the Gu parcel number before the annexation.” On January 21, 1963, the 207 parcel of State-designated cultural heritage private PP Q (title after the alteration, hereinafter “S”).

(2) Around 2002, the Plaintiff: (a) around 2002, the Plaintiff, adjacent to the instant factory site, destroyed the ground to construct a new rooftop on the old land owned by the Plaintiff, J, K, L, M, and N (hereinafter “instant site”); and (b) during the construction of the instant site.

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