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(영문) 서울서부지방법원 2018.08.22 2017가단216793

소유권이전등기

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1. As to each 1/46 shares of the real estate listed in the separate sheet No. 2 list, the Defendants listed in the column for the transferor listed in the separate sheet No. 4 shall be the Defendants.

Reasons

1. The following facts can be acknowledged in light of the overall purport of the pleadings between the Plaintiff and the Defendant F, G, H, I (24), J, K, K, L, M, N,O, P, Q, and R. The remaining Defendants are deemed to have led to confession under Article 150(3) and (1) of the Civil Procedure Act.

A. On June 2003, Seoul Mapo-gu S and T-site owners removed the apartment houses on the above ground, and then form an association for the purpose of a reconstruction project to newly build a new apartment house (hereinafter “instant association”), and entered into a reconstruction project agreement with Defendant E-based U.S. (hereinafter “U”).

The main contents of the above reconstruction project are that U has constructed an officetel with only the prescribed shares of the site necessary for the implementation of the project as a reconstruction project implementer and only the prescribed shares of the building site necessary for the implementation of the project from its members, and the general sale except the shares of the union members is sold by units on behalf of the above members

B. U on June 28, 2003, “Defendant V and 47 (the total of 48 persons, including Defendant 1, 6-48, 64, W, X, and Y) were the owner of the building,” and “Seoul Mapo-gu Z, AA, S, T, and AB” (hereinafter “instant officetel”). W and Defendant B were the co-owners of the said AA and AB site, and Defendant B did not participate in the said reconstruction project. C) The owner of the building, on September 9, 2005, was replaced by “Defendant V and 45 (excluding the above Z site co-owner, X, and Y)”. D.

On April 12, 2004, the "AC", operated by Defendant E, followed the U.S. under the above reconstruction project agreement, and completed the instant officetel on November 2, 2009.

E. The Dongwon-dong Saemaul Bank received the decision of provisional disposition prohibiting the disposal of real estate against each of the households of the instant officetels on the ground that the right to claim the registration of the establishment of additional establishment against some of its members is the preserved right.