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(영문) 서울동부지방법원 2018.09.05 2017가단137164

소유권이전등기

Text

1. The Defendant is based on the agreement on March 31, 2015 regarding the real estate stated in paragraph (2) of the attached list to the Plaintiff.

Reasons

1. Basic facts

A. D building E (hereinafter “instant building”) located on the ground of the Namyang-si, Namyang-si (the first land category was the “former”; hereinafter “instant land”) is the fourth apartment house of 19 households, and the building permit (hereinafter “instant building permit”) was issued F as of October 7, 1996, when it was the owner of the instant land.

B. After that, around 2002, the name of the building owner was changed to H, net G, L, M, N, and Plaintiff (hereinafter “the building owner of the instant building”) from 8, H, I, J, Plaintiff, and K, and then changed to H, net G, L, M, N, and Plaintiff (hereinafter “the building owner of the instant building”).

C. Upon the application of O Co., Ltd., which was the mortgagee on several parcels of land including the instant land, the Defendant completed the registration of ownership transfer under the name of the Defendant on March 23, 2005 upon the bid of the instant land on October 15, 2003. < Amended by Act No. 7790, Apr. 25, 2005>

Meanwhile, on March 19, 2012, H transferred all rights to the instant building, including the name of the owner of the instant building, to Q and R, and entered into a contract with Q and others to the effect that Q and others acquire ownership of KRW 20,000,000 from the instant building and two households from the instant building.

E. On March 20, 2014, the Defendant asserted that, against the owner of the instant building, including the Plaintiff and H, the owner of the instant building (the deceased G is his heir, and T), the said owner used the instant land, etc. without permission, and filed a lawsuit for land transfer and land usage fee claim (hereinafter “pre-trial lawsuit”) with the Jung-gu District Court 2014Gahap2041 (hereinafter “pre-trial lawsuit”), and on May 30, 2014, “the Defendant between the Defendant and H” with the Defendant during the pre-trial lawsuit, renounced the owner’s title, and transferred H to the name of the Defendant. If H pays KRW 40,00,000 to the Defendant within one month after the completion of the instant building, the Defendant owns the ownership under subparagraph 1 and 5 of the instant building.