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(영문) 서울중앙지방법원 2019.09.24 2018나59566
소유권이전등기 절차이행
Text

1. Revocation of the first instance judgment.

2. The plaintiff's lawsuits against the defendant B, D, and E are all dismissed.

3. Defendant C.

Reasons

1. Facts of recognition;

A. G completed the registration of ownership transfer based on sale on February 26, 1964, No. 8405 of receipt on February 29, 1964, No. 8405 of Seoul Jongno-gu, Jongno-gu, Seoul (the land at issue in this case is located in Jongno-gu Idong, because all of the land at issue is located in Jongno-gu Seoul Metropolitan Government Idong) and its ground buildings.

On June 30, 1994, the above land was divided into H large 127 square meters, J large 4 square meters, K large 15 square meters, and G completed the registration of ownership transfer for J land on January 4, 1995.

B. The Plaintiff, the inheritor of G, completed the registration of ownership transfer on H land, its ground (hereinafter “instant housing”), and K land due to inheritance by consultation and division as of October 31, 1997, the Jung-gu Seoul Central District Court registry No. 52706, Oct. 31, 1997. The Plaintiff completed the registration of ownership transfer on J land as of August 31, 2005, the Seoul Central District Court Branch Registry No. 47697, Aug. 1, 2005, as of August 31, 2005.

C. M shall complete the registration of ownership transfer based on sale on October 1, 1959, No. 38890, which was received on November 7, 1959, with respect to F forest land 287 square meters.

M was killed on July 30, 1983, and there was Defendant E, D, and C, the wife, as his heir, but Defendant C completed the registration of sole ownership transfer on the F land on May 4, 2018 during the instant lawsuit.

E. G and the Plaintiff, from the time of purchase of H land on February 29, 1964 and the instant land on its ground to the date of purchase, use and occupy the portion of “bb” part 95 square meters in the instant land” (hereinafter “instant portion of land”) connected in order to each point of the F land indicated in attached Form 24, 18, 17, 25, 26, 27, 28, 29, 30, 30, 31, 32, and 24, among the land in the instant case.

[Ground of recognition] Facts without dispute, and evidence Nos. 1 through 18 are numbers.

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