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(영문) 서울중앙지방법원 2020.06.05 2019가단5252465
소유권이전등기
Text

1. The plaintiffs' lawsuits against the defendant Republic of Korea are dismissed.

2. The plaintiffs' claim against defendantO corporation.

Reasons

1. Basic facts

(a) Of the attached Form 1, the land in title column 1 through 10 of the “Before subdivision” shall complete the registration of ownership transfer on June 18, 1934 (hereinafter “Uluri land”) or on November 5, 1934 (hereinafter “Vluri Land”) with Q, R, S, and T having a domicile in “Wnsung P” at the time of the Japanese colonial occupation.

B. Nonparty X Co., Ltd. (hereinafter “X”) appears to be erroneous on October 23, 1934 with respect to the above 10 parcels: Provided, That it appears to be the AA, a ditch of 72 square meters (Evidence 1-9) divided from AB, AB, and a register of 92 square meters in AB, divided from 72 square meters (Evidence 1-1-1).

In addition, "Sale on October 13, 1934, 1934," on the old register of 119 square meters of AD road divided from 519 square meters (25 square meters of A) before AC, and on the old register of 119 square meters of AE road, seems to be erroneous.

On November 5, 1934, the registration of ownership transfer was completed on November 5, 1934 due to (i) “Uri land” or (ii) trust act (iii) on November 5, 1934.

C. The Defendant Republic of Korea completed the registration of ownership transfer or registration of ownership preservation for the land in the title section 1 to 20, 22, and 23 of the “after subdivision” in the above 10 parcel.

On the other hand, "land after division" is unregistered in the title section 21 square meters (Y field 296 square meters).

The defendantO is a X-ray.

E. The legal domicile of Q, R, S, and T, each decedent of the plaintiffs, is Jongno-gu Seoul Metropolitan Government Z.

[Evidence A] Evidence Nos. 1, 2, 3, and 4 (including paper numbers)

2. The parties' assertion

A. The Plaintiffs’ assertion (i.e., Defendant O’s assertion) are the successors of Nonparty Q, etc., who are Nonparty Q, the registration titleholder of the title section 1 to 10 of the “Before division” column.

The Plaintiffs, upon the filing of the instant lawsuit, terminate the trust act of October 23, 1934 and November 5, 1934 with respect to the Defendant O, the latter of X.

Therefore, the defendantO is obligated to implement the registration procedure for ownership transfer on the ground of termination of trust with respect to the portion of the plaintiffs among the 23 parcels of title of the "land after division" divided from ten parcels of land.

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