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(영문) 서울서부지방법원 2012.07.19 2011나9710

소유권이전등기절차이행

Text

1. Revocation of the first instance judgment.

2. The plaintiff's primary claim and conjunctive claim are all dismissed.

3...

Reasons

1. Basic facts

A. In around 1963, the Defendant constructed B apartment and its ancillary facilities (hereinafter “B apartment”) with a total of 642 households, such as 44,940 households and 192 households, on the ground of a total of 44,946.5 square meters of land indicated in the list of the previous land owned by the Defendant (hereinafter “previous land”), and completed sale in lots and conversion in lots until 1967.

B. Meanwhile, when the Defendant filed a civil petition against the selling price in the course of selling B apartment, he excluded some buildings and sites, such as the underground room, management office, chemical board, and smoke gas supply station in the complex from the sale price subject to the sale price reduction. On November 8, 1982, around 637 square meters of the site except for the land ledger (No. 38 square meters), the Defendant resolved on the status of the remaining assets as shown in the table below, which were as follows, “as to the status of the remaining assets, approximately 637 square meters of the site except for the land ledger (No. 38 square meters) shall be distributed

Industrial Management Office (1 floor) 57.81 square meters, 68.37 square meters, 554.01 square meters, 38.01 square meters, 607.31 square meters, 43 square meters, 22 square meters, 22 square meters, and 502.32 square meters, 61.82 square meters, 675.69 square meters.

C. On November 15, 1982, the defendant sold only the original register (38 square meters) to the president of the B apartment operation and management association and the president of the autonomous committee, and notified that the remaining facilities and the site were decided to be handled as follows:

1. In cases of underground room 54.01, 554.01, it shall be allocated in proportion to the exclusive area of each household of the relevant lease agreement

2. On the basis of the exclusive area of each household referred to in 642, the site other than the site for chemical source shall be disposed of as co-owned shares in proportion to the distribution based on the exclusive area of

3.The management office building 57.81 square meters shall be treated as public property of the former complex 642.

4. All assets shall be delivered to the present state.

D. The Defendant completed the registration of ownership transfer to the buyers of B apartment according to the type of co-ownership transfer according to each unit area of the previous land, and thereafter.