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(영문) 수원지방법원 안양지원 2018.08.30 2017가합102575
소유권이전등기
Text

1. The Defendant’s KRW 510,000,000 as well as annual 5% from December 20, 2017 to August 30, 2018 for the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant (established on October 1, 2009, Korea Land and Housing Corporation and Korea Land and Housing Corporation comprehensively succeeded to the rights and obligations of Korea Land and Housing Corporation and Korea National Housing Corporation; hereinafter “Defendant”) on June 28, 1981, without distinguishing between the Korea Land and Housing Corporation and Defendant, completed registration of initial ownership relating to real estate listed in the separate sheet (hereinafter “Defendant”) on June 28, 1981.

B. On September 8, 1981, the deceased E (hereinafter “the deceased”) purchased the instant real estate from the Defendant and died on November 15, 1981. The Intervenor joining the Defendant is the inheritor of the deceased.

C. The F Housing Reconstruction and Improvement Project Association (hereinafter “the instant reconstruction association”) filed a claim against the Defendant for the registration of ownership transfer under this Court 2013 Gohap100847, and on September 9, 2016, the Court rendered a judgment that “the Defendant would receive KRW 510,000,000 from the instant reconstruction association and simultaneously implement the registration procedure of ownership transfer for the instant real estate to the instant reconstruction association on May 9, 2013,” and the said judgment became final and conclusive on August 23, 2017.

The Defendant received KRW 510,00,000 from the reconstruction association of this case on September 27, 2017, and completed the registration of ownership transfer for the instant real estate from the reconstruction association of this case on the same day.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserted that the plaintiff purchased the right to sell the real estate of this case from the deceased on September 11, 1981, and it occupied the real estate of this case from June 19, 1982 to June 19, 2002 since 20 years since the commencement of residing in the real estate of this case. Thus, the acquisition by prescription for the real estate of this case was completed.

However, the reconstruction association of this case.

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