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(영문) 서울남부지방법원 2020.08.13 2019가단12354
소유권이전등기절차이행의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, Defendant C, D, E, and F are children of the networkO (Death on November 25, 2002) and are the heirs of the networkO.

B. Defendants B, G, H, I, J, K, L, M, and N are the spouses and children of the network P (Death August 25, 1954). They are the successors of the network P.

C. On May 20, 1947, the net P purchased R R land in Seo-gu Qu (hereinafter “ Qu”) in Seo-gu, Seoan-gu (hereinafter “ Qu”) and completed the registration of ownership transfer on June 14, 1947.

Before subdivision, RR land was subdivided into Slux 1,435 square meters (hereinafter “S land before subdivision”) and T road 155 square meters (hereinafter “instant land”). Before subdivision, S land was subdivided into Slux 546 square meters (hereinafter “S land”) on August 6, 1979 and U large 889 square meters (hereinafter “U land before subdivision”).

E. V. On July 7, 1981, under the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (Act No. 3094, effective, and effective (hereinafter “former Act on Special Measures for the Registration of Ownership of Real Estate”). On July 7, 1981, V completed the registration of ownership transfer for U land prior to subdivision pursuant to the former Act on Special Measures for the Registration of Ownership of Real Estate (Act No. 3094, May 3, 1956).

F. On April 2, 1997, the U-U.S. land was divided into approximately 421 square meters in U, 421 square meters (hereinafter “U land”) and Wlu 468 square meters (hereinafter “W land”). The networkO sold W land to X on June 23, 1997.

G. Defendant E, the third male of the networkO, completed the registration of ownership transfer on July 29, 1997 with respect to U land donated on July 25, 1997. On July 29, 1997, Defendant E completed the registration of ownership transfer on the ground of U’s donation. On July 29, 1997, Defendant E completed the registration of ownership transfer on the 99.87 square meters of U’s land.

H. On July 7, 1981, the instant land was registered as a building site, and its land category was changed to “road” on February 11, 201.

I. The deceasedO, on August 1, 1994, actually owned the land of this case on July 7, 1981 from the deceased P in accordance with the former Act on the Registration of Ownership of Real Estate.

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