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(영문) 서울중앙지방법원 2018.07.12 2017나72456
소유권이전등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On October 1, 1957, Dongdaemun-gu Seoul Eastern E, 9,223 (hereinafter “former E”) was divided into the land in which the registration of initial ownership was completed under the name of the defendant Republic of Korea. On October 5, 1967, the land was divided into the land substitution disposition (hereinafter “instant land substitution disposition”) under the Land Readjustment Project Act (hereinafter “instant land substitution disposition”), the Seoul Dongdaemun-gu F-gu, Seoul, 1,075, and 24 square meters and 24 square meters (hereinafter “F-land and 24 square meters before the division”). The land lot number and the registration number were inconsistent in the administrative district due to the lack of the land substitution registration, and the area of the land corresponding to the road scheduled site to be established in accordance with the urban planning of Seoul Metropolitan Government was reduced to 9,223 through 5,793 square meters, and the land was divided into 204 square meters and 204 square meters of the previous land under the Act on Special Cases Concerning the Partition of Co-Owned Land (hereinafter “Seoul-owned land”).

B. On October 1, 1957, at the time when the registration of preservation of ownership was made in the name of Defendant Republic of Korea, there were many buildings on the land, and the owners of each building occupied the site of that building exclusively.

Accordingly, the defendant Republic of Korea recognized such possession relationship and sold to the owners of each building the aggregate of 7,392.12 shares of the land in the old E, and the ownership transfer registration was completed in the form of a share transfer registration in accordance with the ratio of the size of the land sold in the entire land area, and left the remaining area in the share of 1,830.8/9,223 shares for the remaining area.

C. The Dongdaemun-gu Seoul Metropolitan Government G Large 5,385 square meters (hereinafter “instant G land”) expected to be substituted as a road site after the instant replotting disposition was completed on February 13, 1969, and thereafter the Defendant Seoul Metropolitan Government.

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