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(영문) 대전고등법원 (청주) 2018.09.05 2017나6574
소유권이전등기 등 청구의 소
Text

1. The judgment of the court of first instance is modified as follows.

The Defendants are listed in [Attachment 1] paragraphs (1) and (3) in the Plaintiff.

Reasons

1. Basic facts

A. Each of the instant lands was divided from the Heung-gu Heung-gu H land before the division. Q land (attached Form No. 2) was divided into the H land on September 30, 1975, and R land (attached Form No. 3) was registered in AC on the same day, and S land (attached Form No. 1) was divided into Q land on August 28, 1989.

B. At around 1960 with respect to H land before the above division, the registration of ownership transfer was completed as owned by I, a co-owner of the Defendants. On July 1, 1976, with respect to 6/17 shares in each of the instant lands, the registration of ownership transfer was completed in the name of B as to 6/17 shares in each of the instant lands, and 2/17 shares in the name of J, L, and with respect to 4/17 shares in each of the instant lands, and with respect to 1/17 shares in the name of H, as to 1/17 shares in each of the instant lands, the registration of ownership transfer was completed to I’s successors on September 22, 1975, and on July 1, 1976, with respect to each of the instant shares in J, K, M, and L, the registration of ownership transfer was completed on June 30, 1976 in each of the instant lands under the name of B above.

C. The registration of share transfer was completed on February 16, 2004 with respect to the share of 661/31,002 shares in the land listed in the separate sheet No. 2, as to the share of 661/31,002 shares in the land listed in the separate sheet No. 2, and the share transfer registration was completed on April 9, 2004 for the share of 661/31,00 shares on the same date under the name of

Attached Form

With respect to the land listed in paragraph 2 of the list, the construction and ownership of a superficies Co., Ltd., the objective steel tower and the power transmission line on September 19, 198, the steel tower site 160 square meters to the south of the east, the period during which the steel tower and the power transmission line continue to exist, and the land price shall not be increased during the duration of the superficies by the special agreement. The land price shall not be included in the land price for which the person holding superficies had the right to construct and own the power transmission line in the space above the land, and the registration of the creation of superficies was completed on August 5, 1998 on the ground of the contract signed by the person holding superficies.

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