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(영문) 서울서부지방법원 2017.01.19 2015나5679

제3자이의

Text

1. Revocation of a judgment of the first instance;

2. The Seoul Western District Court regarding the real estate stated in the attached list by the Defendant.

Reasons

1. Basic facts

A. D newly constructed H multi-household housing on the ground of Eunpyeong-gu Seoul E and F (hereinafter “instant housing”) and completed registration of ownership preservation on October 27, 2010. The fourth floor of the instant housing is only 401 and 402, and the current status of the building attached to the aggregate building register and the current status of the building attached to the aggregate building register are 402 heading on the right side and 401 heading on the left side when considering the current status of the instant housing and the current status of the building attached to the aggregate building register.

B. On December 31, 2010, the Plaintiff drafted a sales contract with respect to 401 square meters for the instant housing (exclusive area of 59.97 square meters), and G and B drafted a sales contract with respect to 402 square meters for the instant housing on March 16, 201.

C. On February 18, 2011, the Plaintiff completed the registration of ownership transfer with respect to 401 square meters (exclusive use area of 59.97 square meters) of the instant housing, and completed the registration of creation of a mortgage over KRW 150 million with respect to Gyeong Agricultural Cooperative on the same day.

G and B (hereinafter referred to as “B”) completed the registration of establishment of a neighboring mortgage of KRW B and the maximum debt amount of KRW 195 million on March 29, 201 with respect to the instant housing Nos. 16512, the Seoul Western District Court (hereinafter referred to as “Seoul Western District Court”) as indicated in the attached Table No. 16512, respectively, as to the instant housing No. 402, the real estate indicated in the attached Table, respectively. On the same day, the Defendant completed the registration of establishment of a mortgage of KRW 195

E. On March 23, 2012, the Seoul Western District Court: (a) filed a registration of change of ownership in B, children I, and J as of June 12, 2012 on the ground of inheritance on the said shares; (b) on April 23, 2013, the registration of change of ownership was completed in the name of B as of May 2, 2013 as of May 2, 2013 with respect to the entire shares of G as of May 2, 2013 as of May 2, 2013.

F. The instant housing 401 and 402 are different in structure, size, etc., and the instant housing b.

The plaintiff is residing in the place indicated as 402 No. 401 on the 402 and the flusium, and the above B.

B at the place indicated by No. 401 and 402 on the fluence of the port.