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(영문) 서울서부지방법원 2018.08.31 2017가단236025
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. The Plaintiff purchased the Mapo-gu Seoul Metropolitan Government D 99 square meters (hereinafter “D”) and the Mapo-gu Seoul Mapo-gu 102 square meters (hereinafter “E”) that are adjacent to each other, and completed the registration of ownership transfer on December 14, 1989.

B. The land D and E was used as a solid site prior to the Plaintiff’s purchase, and the Plaintiff had been used as a solid site, following the current status and continued to operate a solid shop, etc. The actual part used as a solid site includes the part of “(i)” in attached Form 1, 2, 3, 4, and 1 among the parts adjacent to the Seoul Mapo-gu Road B, Seoul (hereinafter “instant land”) beyond the boundary of D and E land purchased by the Plaintiff, in turn, among the 1,664 square meters in attached Form 1, 2, 3, 4, and 1, adjacent to the boundary of D and E (hereinafter “instant land”).

C. The instant land was part of the Seoul Mapo-gu land, the land category of which was a ditch. On November 24, 2009, the land category of the instant land was changed to a road, and on June 5, 2017, the land category was divided from the said land to the said land and resulted in the current one’s land as of June 5, 2017. The Defendant acquired the ownership of the instant land on January 23, 1989 by the succession of property from Seoul Metropolitan Government, and by donation, the ownership of the instant land on November 7, 1989 by the donation.

On August 9, 2012, the instant land was publicly announced as route H and I roads in accordance with the provisions related to the Road Act as the Mapo-gu Seoul Metropolitan Government public announcement G, and on February 22, 2017, the instant land was abolished by the public announcement of approval of the implementation plan for J-Housing Reconstruction Project under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, 5 to 7, 9, 10 each.

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