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(영문) 서울중앙지방법원 2015.12.15 2014가합563339 (1)
소유권이전등기 및 손해배상
Text

1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from October 22, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The entry and division of the instant land in the registry were 1) Gyeongnam-gun J (the name of the administrative district was changed to the Busan Dong-gu K and the Sim-gu, Busan-dong.)

L) 1,025 square meters (310 square meters, hereinafter referred to as “L land”)

A) As to September 1, 1945, received No. 2680, received on September 1, 1945, AL from AL for sale and purchase on July 24, 1945 (hereinafter “the deceased”).

(2) On September 8, 1958, L land was divided into N 32 square meters (10 square meters), O 66 square meters (20 square meters), P 76 square meters (23 square meters), Q 850 square meters (257 square meters, hereinafter “the land before the division of this case”). L land was divided into N 33 square meters (10 square meters), P 76 square meters (23 square meters), Q 850 square meters (257 square meters, hereinafter “K before the division of this case”).

Although the registration of ownership transfer was completed in M’s name, the above O, P, and Q lands were divided on May 28, 1964, and the registration of ownership transfer was completed in the name of the Republic of Korea on September 1, 1945 and on July 24, 1945.

3) On September 15, 1990, through R, S, T, U, and V with respect to the land prior to the instant subdivision, the registration of ownership transfer was completed on September 14, 1990 in the name of W, X,Y, Z, Z, AA, H, and I. 4) The land prior to the instant subdivision was divided into each land listed in the separate sheet on October 15, 1990 (hereinafter “the instant land”), and by the sequence thereof, the land prior to the instant subdivision was divided into “a specific land”.

B. As a result of the relevant litigation, the Deceased filed a lawsuit claiming the performance of the procedure for the registration of ownership transfer based on the restoration of real name in combination with this case against the nominal holders of the instant land. However, on February 17, 2015, this court rendered a partial judgment dismissing the Deceased’s claim on the ground that the nominal holders of the registration completed the acquisition of the registry by prescription, purchased the land from the person whose acquisition by prescription was completed, or purchased the land from the person whose acquisition by prescription was completed, and that each registration of ownership transfer in the name is valid in accordance with the substantive legal relationship, and the said partial judgment was rendered.

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