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(영문) 부산지방법원 2017.12.07 2016가단340692
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Pursuant to the Gyeongyang-si, CY 2,089 square meters (hereinafter “land prior to subdivision”) was divided into 984 square meters and D 1,105 square meters on April 18, 1979, and according to the Gyeongyang-si’s land rearrangement project that was enforced thereafter, CW 984 square meters were replaced by the real estate indicated in the annexed sheet (hereinafter “instant real estate”) on June 4, 1992, and the land substitution was completed on August 21, 1992, and the said D 1,105 square meters were replaced by E-Y 2,90 square meters.

B. Meanwhile, the land before subdivision was owned by the networkF, and the registration of ownership transfer was completed on July 8, 1950 with respect to 400/632 shares in the name of the network G on December 31, 1964, and the Defendant shall solely inherit the instant real estate between the deceased G inheritors, and the Defendant shall independently inherit the instant real estate on November 30, 1994 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership Transfer (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”).

[Reasons for Recognition] Gap evidence 1-1 to 4, Gap evidence 6-1

2. The Plaintiff’s assertion F and the net G have been understood by G as having the sole ownership with respect to the portion of the D land after the subdivision even before the subdivision of the land before the subdivision. As such, G’s share is concentrated on D land after subdivision. After subdivision, only the share owned by approximately 217 square meters in the location falling under C after subdivision was agreed on the form of ownership in which only the share owned by G is combined with that of sectional ownership owned by G.

Since the above sectional ownership relationship was resolved due to the sale by the network G and Nonparty H with respect to the land corresponding to D after division, the exclusive ownership of the relevant portion of G was transferred to H on August 29, 1981, and the ownership of the ownership of the land prior to the division of the network G remains only the ownership of 217 square meters out of the land C.

However, after the administrative error of the registry officer, the shares of net G among the land C is still 400/632.

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