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(영문) 서울중앙지방법원 2016.05.20 2013가합27928

소유권이전등기말소 등(부당이득금반환)

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1. The part concerning the claim for confirmation of the acquisition of rights and the extinguishment of legal relationship among the instant lawsuit shall be dismissed.

2. The plaintiff shall be attached to the attached Form.

Reasons

1. Facts of recognition;

A. While J, K, L, and M shared the real estate indicated in paragraph (1) of the attached Table 266.2 square meters (hereinafter “instant land”), J, K, L, and M constructed a building with the first floor above the ground and the fourth floor above the ground (hereinafter “instant building”).

After the construction of the instant building, J’s heir, P, Q, 2 households (R, S), M, 2 households (T. U), 2 households in the first floor, L, 2 households in the second floor (V.W), and 2 households in the third floor (X, Y) respectively, and K used the said respective parts exclusively.

B. On March 22, 1994, K, L, M 7/28, O, the heir of J, 3/28, and P 3/28 (in consideration of the P’s portion of inheritance, entry in the registry shall apply to hereinafter), and Q 2/28, registration of preservation of ownership is completed in their names for each share of 2/28.

C. The shares in the instant building of M were sold to the Z and AA by dividing them, and the Z and AA exclusively occupied by Thos and U.S.

On June 4, 2007, the designated parties C acquired the above shares of AA and reside in U, and the above shares of Z have been completed in the future of AB and AC through the designated parties, and the said designated parties actually exercise the right to T subparagraph (D).

L's share in the instant building was sold to AD and Selection F by dividing them, and AD occupied V and Selection F exclusively.

AD's share has been registered in sequence E on March 8, 2013 through AE, and the said designated person is residing in Sub-V.

E. K’s share in the instant building is divided into the Selection and the AF, and the Selection X and the AF occupied Y exclusively.

At the auction procedure on the AF's share, AG has been awarded a successful bid and completed the registration of ownership transfer on June 5, 200, and H has selected the above shares from AG.