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(영문) 서울남부지방법원 2015.12.18 2015가합109790
소유권이전등기
Text

1. The Defendant entered the Plaintiff into the Plaintiff as “448 square meters” at the Plaintiff’s complaint, but this is not the case.

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, and D have owned and used the Guro-gu Seoul Metropolitan Government land of 539 square meters (hereinafter “Before subdivision”) as follows:

1) The Plaintiff: (a) completed the registration of ownership transfer as to shares of 63/163 (30,744/79,544) out of the land before subdivision due to sale and purchase on December 29, 1987; (b) from the above point of time, the portion of the land before subdivision was divided into the land before subdivision, and (c) the portion of the land before subdivision is divided into the whole land before subdivision. As such, the part of the Seoul Guro-gu Seoul Metropolitan Government (C) can be seen as having been located within the previous land before subdivision. (b) The Defendant owned the building located within the area and occupied and used the portion of the (c) district as the land before subdivision. (b) The Defendant completed the registration of ownership transfer as to the portion of the land before subdivision on December 30, 1989 (14,640/79,544), and the part of Guro-gu Seoul Metropolitan Government C&48 square meters out of the land before subdivision, and thus, the “part before subdivision” can be seen within the previous land.

With the ownership of a building located within this area, it has been occupied and used as a site that causes a disaster, fright, or dye.

3) D: On October 14, 1983, 55/163 (26,84/79,54), among the lands before subdivision due to sale and purchase, the registration of ownership transfer for shares was completed. From the above point of time, the part of the land before subdivision is divided from the land before subdivision, which is located in Guro-gu Seoul Metropolitan Government, c large-48 square meters. As such, the part before subdivision can be seen as having been located within the previous land before subdivision. The part before subdivision is owned and used as the site. (b) The Plaintiff, the Defendant, and D filed an application for adjustment with this court for the purpose of the division of the land before subdivision and the transfer registration of shares on August 14, 2009, based on the result of appraisal of the cadastral construction on January 14, 2011, the court shall divide the land before subdivision into F, but shall own the remaining part, the land of Guro-gu, Guro-gu, Seoul, and the remaining part of C-48 square meters (hereinafter referred to as the land).

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