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(영문) 서울중앙지방법원 2017.07.19 2017가합515072
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On July 31, 1987, D, the Plaintiff’s attached, purchased 7.6/2 shares in Jung-gu, Seoul, Jung-gu, Seoul and 73.6 square meters (hereinafter “the land before the division”), and three houses and offices of the F ground brick slive roof, and warehouses (184.36 square meters, 2 stories, 184.36 square meters, 3 stories, 152.89 square meters, hereinafter “the building in this case”). On August 1, 1987, D, among the land before the division in this case, completed the registration of transfer of ownership for the above shares and the building in this case as a ground for the sale, and occupied the building in this case and the land before the division in this case.

On August 16, 2001, the land prior to the instant partition was divided into three square meters in Seoul, Jung-gu, Seoul under the Act on Special Cases Concerning the Partition of Co-Owned Land (hereinafter “Co-Owned Land Partition Act”); 163.2 square meters in Seoul; 203.1 square meters in G, 102.5 square meters in G; H large 96.9 square meters in G, 94.1 square meters in J large 94.1 square meters in J large 94.1 square meters; K large 150.2 square meters in K, L large 41.3 square meters in M large 28.2 square meters in M large 28.2 square meters in Seoul (hereinafter “instant partition”); D was owned solely by the E-Gu, Jung-gu, Seoul (hereinafter “instant land”).

The Defendant owned 36.1/415 and 67.88/2 of the land before the instant partition, and owned 36/415 and 67.2/418 of the said land, and owned 163.2 square meters in Seoul Jung-gu, Seoul (hereinafter “instant land”).

After that, with respect to the instant land and the instant building, the Plaintiff’s model N, completed the registration of ownership transfer on the grounds of inheritance by agreement and division as of February 13, 2013 and occupied each of them. The Plaintiff completed each registration of ownership transfer on the grounds of the same date on September 13, 2013 and occupied each of them.

On the other hand, this part of the building of this case seems to have been destroyed by fire around 2004 and to have been newly built again.

hereinafter referred to as “instant appurtenant buildings”

The annexed building of this case is connected with this, and the attached appraisal of the land of this case owned by the defendant is marked 12, 13, 9, 10, 11.

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