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(영문) 서울중앙지방법원 2018.06.27 2017가합525321
지분소유권이전등기
Text

1. G, which is the litigation of Defendant B, C, I, J, K, L, M, N, P, Korea, and Defendant netF, and H, the Plaintiff’s Jung-gu T.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 164.4 shares among the instant land, and the remaining Defendants except the Defendant Republic of Korea are the registered titleholder of each share indicated in the “share to be transferred to the Plaintiff” listed in the attached Table 1 among the instant land, and the Defendant Republic of Korea was the registered titleholder of the share indicated in the “share to be transferred to the said Plaintiff.”

Meanwhile, on November 23, 2017, when Defendant deceased on November 23, 2017, during the instant lawsuit, G and H, their children, became the litigant’s litigant’s litigant’s litigant’s litigant’s litigant’s litigant’s litigant’s litigant’s share in the instant land, and the said G and H inherited 1/2 each of them.

B. On October 10, 1956, the instant land was divided into approximately 2,069 square meters in Jung-gu, Seoul (hereinafter “the land before subdivision”). The Defendant Republic of Korea divided the remaining shares, excluding 142.5 percent of the total share of the land before subdivision, between April 30, 1954 and September 13, 1980, while the land before subdivision was owned.

C. On October 10, 1956, the land before subdivision was divided into the land of U or W in Jung-gu, Seoul, including the instant land on October 10, 1956; X land was divided into X land and Y land on April 4, 1962; W land was divided into W and Z land on July 9, 1964; W land was registered on November 4, 1987; and U land was further divided into U land and AA land on March 15, 2001 and registered on March 21, 2001.

At the time of sale of the land before subdivision, Defendant Republic of Korea specified the part occupied by each purchaser, but sold the share of co-ownership of the land before subdivision in accordance with the occupied area, and each purchaser’s co-ownership share was killed in the registration of subdivision as the land before subdivision was divided and registered. Each divided land is divided in a manner that the purchaser of the specific part owns the building above the land.

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