beta
(영문) 서울중앙지방법원 2018.05.31 2017가단5163011

가등기말소

Text

1. The Defendant is the Suwon District Court with respect to the portion of 1651/3250 out of 803 square meters in Suwon-si, the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff owned D’s 1028/200 shares on August 20, 2003, and E and F acquired each share on September 8, 2003, after purchasing each share of 514/2056; 2) around March 17, 2004, the 201m2 was divided from the land in Yongsan-si, the Da-si, the land alteration process and the relation of rights; and 1) the Ka-si, the Ka-si, the Ma-si, the Ma-si, the Ma-si, the Ma-si, the Ma-si, the Ma-si, the Ma-si, the Ma-si, the Ma-si, the Ma-si, the Ma-si, the Ma-si, the Ma-si, the Ma-si, the Ma-si (hereinafter

3) Since the division around March 22, 2006, C, a field of 1855 square meters, a field of 194 square meters was transferred to H, a field of 32 square meters, and a field of 185 square meters, respectively, to J., and C, a land category of 144 square meters was changed to a site on May 10, 2006. (4) K acquired shares of E and F with respect to 144 square meters on December 1, 2006.

5) On September 26, 201, 144 square meters in C, a large scale of 144 square meters in L land due to a merger around September 26, 201, and a large scale of 12 square meters in M land, a large scale of 29 square meters in M land, and a large scale of 1629 square meters in M land (hereinafter “pre-division land”).

(6) Around September 30, 2011, the Plaintiff sold to K 5.5 percent of the Plaintiff’s share in the land before subdivision, and this share was transferred to K on October 12, 2011.

As a result, the Plaintiff owned 1607/3258 shares in the land before the division, and K 1651/3258 shares in the land before the division.

7) On May 27, 2015, the Defendant: (a) on June 24, 2015, on the basis of a pre-sale agreement, as to the share of K on the land before subdivision as a provisional registration authority, the registration of the right to claim partial transfer of shares was completed; (b) from June 2011 to June 201, the part of the land before subdivision (hereinafter “the portion of the land before subdivision”) 803 square meters out of the land before subdivision (hereinafter “the land before subdivision”) is the site of the building owned by the Plaintiff; and (b) the portion of the land before subdivision, which is 826 square meters of other parts (hereinafter “the portion of the land before subdivision”), is occupied and used as the site of the building owned by the Plaintiff, respectively.