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(영문) 서울서부지방법원 2014.08.11 2012가단40717

소유권이전등기절차이행

Text

1. The Plaintiff, Defendant (Appointed Party), Appointed C, D, E, F, G, H, and I, respectively, shall be one of the real estates listed in the separate sheet.

Reasons

1. The gist of the cause of the Plaintiff’s claim is ① Defendant and the Selection, D, E, F, G, H, I, and networkO are the owners of the land in Eunpyeong-gu Seoul, and they undertake the apartment reconstruction project on their ground. On March 11, 2010, the Plaintiff concluded a sales contract on the apartment in the separate sheet (hereinafter “the apartment in this case”) with the constructor Q Co., Ltd. (hereinafter “ Q”) entrusted with the authority to sell the general apartment in lots with the Defendants on March 11, 2010, and paid all the purchase price. As to the apartment in this case, the Defendant and the Selection are liable for the registration of ownership transfer to the Plaintiff in accordance with their respective shares of shares, and ② if Q borrowed money from the Plaintiff and paid it in full, the Defendant and the Selection agreed to sell the apartment in this case. Thus, the Defendant and the Selected are liable to implement the ownership transfer registration procedure on the ground of the transfer transfer agreement to the Plaintiff.

2. Determination:

A. The facts of recognition (i.e., the Defendant and the selected parties C, D, E, F, G, H, I, and RO (the inheritor’s death on May 3, 2012, and the heir’s death) were co-owners of the size of 657.4 square meters in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, with a view to constructing an apartment where 18 households can reside on that ground by entirely investing the co-owned share and concluding a new construction contract (tentative title) between Q and Q on March 5, 2010.

(2) On March 5, 2010, each co-owner of the instant apartment building, including Doshe and the Defendant, prepared and delivered a written confirmation to Q on March 5, 2010, stating that the construction of the instant apartment is carried out by the co-owner of the instant apartment building.

Article 22(1) of the Civil Act provides that a person who is engaged in a monetary loan brokerage business and actually operates Q on March 11, 2010, shall sell the apartment of this case from Q in the amount of KRW 30 million.