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(영문) 서울중앙지방법원 2012.11.29 2011가단281776
공유지분이전등기
Text

1. The Plaintiff:

A. Defendant B has an appraisal of the Yongsan-gu Seoul Metropolitan Government 94.9m2m2 and the Yongsan-gu Seoul Metropolitan Government 89.2m2m2.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff is a person who owns a building on the land of Yongsan-gu Seoul Metropolitan Government (hereinafter referred to as the “Plaintiff’s building”), the neighboring C site of 94.9 square meters is being used as the site for the Plaintiff’s building, and the fence of the Plaintiff’s building is located between D. D.89.2 square meters adjacent to C’s site. According to the result of the survey conducted by this court, the fence line in the land of the Plaintiff’s building is a 3.2 square meters inside the ship (hereinafter referred to as “the part on the land of the Plaintiff’s building”) connected each point of 4,5,6,7, and 4 of the attached land among D’s land in sequence.

B. Defendant B is a person holding a building on the D’s land, and Defendant Republic of Korea manages F’s land adjacent to D’s land 40.7 square meters.

C. Regarding C, D, and F land, the Plaintiff shares 26.83/68 shares, Defendant B shares 27/68 shares, and Defendant Korea shares 14.17/68 shares.

On August 10, 2004, the Plaintiff purchased the E large 121.6 square meters and buildings located in the Plaintiff’s building from G as the former owner.

E. The original land of H, D, and F (hereinafter “the instant land”) was acquired on September 11, 1948 by the Defendant Republic of Korea on the ground of reversion of rights, but sold 26.83 shares to Nonparty I on October 5, 1953. From September 28, 1958, J on November 10, 1964, K to K on December 23, 1967, to M to L on September 23, 1967, and to the Plaintiff on September 10, 1994, to the Plaintiff’s share was transferred on August 10, 204, and M is a form of square restriction between the former owner of the Plaintiff’s building and G.

F. Defendant Republic of Korea sold 24.44 shares among the instant land to Nonparty N on May 25, 195, and completed the registration of co-ownership on January 15, 1966, and transferred shares to P on July 1, 1966, and December 19, 1983, respectively. Meanwhile, Defendant Republic of Korea sold shares of 2.56 shares toO on May 6, 1981, and sold shares of 16.73 shares of 16.6 shares to P on September 27, 1984, and O sold shares of 2.56 shares.

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