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(영문) 서울북부지방법원 2014.01.08 2013가합1116

소유권이전등기절차이행

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1. The Defendant shall attach, on February 6, 2013, 2013, 13.04 shares of 203.7 square meters in Songpa-gu Seoul Metropolitan Government B mass 203.7 square meters to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 16, 2002, C acquired the instant land B, Songpa-gu, Seoul, 203.7 square meters (hereinafter “instant land”) and newly built the instant aggregate building (hereinafter “the instant aggregate building”) on both the instant land and D, 303 square meters (hereinafter “the adjoining land”). At the time, 2/3 shares in the said land were owned by E, 1/3, respectively by F) on both the ground and the instant aggregate building (hereinafter “the instant aggregate building”). The instant aggregate building consists of No. 101 and No. 201 of the first floor.

On September 8, 2003, with respect to No. 101 (hereinafter “101”) and No. 201 (hereinafter “No. 201”) of the first floor, registration of preservation of ownership has been completed for each of 1/3 shares in C, E, and F.

B. C is a single owner as set forth in subparagraph 201 after being transferred one-third of each of the 201 shares in the division of the common property from E and F on September 9, 2003.

On the other hand, on September 9, 2003, C's 1/3 shares in the division of co-owned property No. 101 were transferred to E and F each 1/6.

E is a single owner of F on July 6, 2010 and adjacent land by receiving 1/2 shares of F from F on July 6, 2010 and 1/3 shares of adjacent land and completing the transfer registration of shares on July 12, 2010.

C and E did not complete the registration of site ownership indication in the register of the instant condominium building.

C. As to the land of this case and subparagraph 201, the commencement of the voluntary auction procedure to G with the Seoul Eastern District Court on December 7, 2004 at the request of the Bank of Korea, the defendant purchased the land of this case and subparagraph 201 on September 20, 2006 and completed each registration of ownership transfer on October 13, 2006.

The defendant sold No. 201 to H on August 31, 2009 and completed the registration of ownership transfer on September 7, 2009.

The plaintiff purchased 201 in the above compulsory auction procedure on February 6, 2013 and completed the registration of transfer of ownership on the same day after the commencement of compulsory auction to Seoul Dong District Court I with respect to 201.

(e) The area of the section for exclusive use under 101 shall be 130.34 square meters and the section for exclusive use under 201.