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(영문) 서울중앙지방법원 2014.12.18 2014가합535266
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The facts falling under any of the following subparagraphs may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence 1 to 4, 7, 11 (including each number; hereinafter the same shall apply) and Eul evidence 1 to 8:

Plaintiff

Part of the area of 2,524.4 square meters before Gangnam-gu Seoul, which was owned by A (hereinafter “the land before the instant subdivision”), was divided into 252.5 square meters before D on October 20, 1987, and the said divided land became D road 252.5 square meters (hereinafter “the instant road”) on October 23, 1987 by changing the land category into a road on October 23, 1987.

On October 24, 1987, the road of this case had been registered for transfer of ownership to Seoul Special Metropolitan City on the ground that the registration of transfer of ownership was made on May 1, 1988, and the registration of transfer of ownership was made in the name of the defendant on January 16, 1989.

Of the land before the instant partition, E, which is the remaining land, was 2,271.9 square meters on November 17, 1987, the land category of which was changed on November 17, 1987, and E,2,271.9 square meters (hereinafter “the land after the instant partition”). The land after the instant partition shares each 757.3/2,271.9 shares.

The location and use status of the road of this case, the land after the division of this case and the neighboring land shall be as shown in the attached Form.

B. On May 8, 1985, Plaintiff A applied for permission to change the form and quality of land before the instant partition. At the time, the Defendant, as part of a plan to procure public land, had the land of 252.4 square meters in the form of a rectangular type among the relevant sites be donated by creating roads and green facilities, but approved the change of the form and quality of land on April 27, 1987, approved the permission to change the form and quality of land on April 27, 1987, the Defendant donated the land in the same shape as the instant road (hereinafter “the donation”).

C. On May 21, 1986, Plaintiff A applied for a construction permit to build a driving range on the land after the instant partition, and thereafter, Plaintiff A operated a driving range on the land.

2. The parties' assertion

A. The plaintiffs' assertion.

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