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(영문) 서울동부지방법원 2017.05.19 2016가단145137

소유권이전등기

Text

1. The Defendant was dated August 20, 201 with respect to the Plaintiff’s share of 7/12 of the real estate stated in the attached list.

Reasons

1. The plaintiff's assertion

A. From February 12, 2004, with respect to D Building located outside Songpa-gu Seoul Metropolitan Government and one parcel (hereinafter “instant building”), the Plaintiff owned 5/12 of the shares of the Defendant from February 12, 2004, respectively.

B. On January 4, 2008, the Plaintiff and the Defendant agreed on the management and the method of exercising ownership of the original building of this case, and agreed that “the Plaintiff has all ownership on the registry (the land shares and building shares in each of the following subparagraphs) of this case among the buildings of this case, and the Defendant has all ownership on the registry (the land shares and building shares in each of the following subparagraphs) of this case among the buildings of this case, and the Defendant has all ownership on the registry (the land shares and building shares in each of the following subparagraphs) of the above building.”

C. On August 20, 201, the Plaintiff and the Defendant agreed again on the ownership of the instant building on or around August 20, 201, and agreed to sell and purchase the instant building with the Defendant’s ownership and right to sell and purchase all the legal ownership and right to sell and purchase the instant building’s land and its appurtenant facilities, among the instant buildings, and the Plaintiff may independently exercise the legal ownership and right to sell and purchase the land and its appurtenant facilities, respectively (hereinafter “instant agreement”).

According to the agreement of this case, the defendant is obligated to transfer to the plaintiff 201, 401, and 402 of the attached list among the buildings of this case, 7/12 of the shares owned by the defendant.

(2) However, during the proceeding of the instant lawsuit, the Plaintiff voluntarily transferred the ownership transfer registration for 7/12 of the shares owned by the Defendant with respect to the above 401 and 402 to the Plaintiff during the proceeding of the instant lawsuit. As such, the Plaintiff partially withdrawn the lawsuit on this part.