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(영문) 서울동부지방법원 2015.11.18 2015가단111694

소유권이전등기말소 등 청구의 소

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1. As to the Plaintiff’s share of 661/4,764 square meters in Gangdong-gu Seoul Metropolitan Government 3,824 square meters:

A. Defendant B is Seoul Eastern District Court.

Reasons

1. Basic facts

A. On April 10, 2001, the Plaintiff was awarded a successful bid for 661/4,764 shares in Gangdong-gu Seoul Metropolitan Government Daehan 3,824 square meters (hereinafter “instant land shares”) in the course of voluntary auction, and completed the registration of ownership transfer as to the instant land shares on the same day.

B. Defendant B filed a lawsuit against the Plaintiff to require the Plaintiff to implement the procedure for ownership transfer registration for the sale date of the instant land as Seoul Eastern District Court Decision 2014Ga10500, and between the Plaintiff and the Defendant B to sell the instant land share, but if the sale amount is at least KRW 1,60,000 per square meter, Defendant B sold at will, and on the premise that there was an agreement between Defendant B and the Plaintiff to distribute the sale price at 55%, and the Plaintiff to distribute the sale price at 45%, Defendant B received 115,560,000 won from Defendant B (the share of the instant land at KRW 1,60,000, out of the sale price where the share of the instant land is to be sold at KRW 1,60,000, the sale price was to be paid at KRW 45%, and at the same time, Defendant B filed a lawsuit to request the Plaintiff to perform the procedure for ownership transfer registration for the instant land share as the delivery date of the complaint and the date for pleading.

C. On September 1, 2014, Defendant B deposited KRW 115,560,00 against the Plaintiff on September 1, 2014 based on the previous judgment of this case, the Seoul East Eastern District Court deposited KRW 2014,560,00 with the Seoul Eastern District Court 2014, and on September 3, 2014, the Seoul East East Eastern District Court received the registration office of Dong District Court (hereinafter “instant ownership transfer registration”) from May 1, 2014, and Defendant C made the ownership transfer registration for the instant land portion on September 23, 2014.