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(영문) 서울동부지방법원 2018.05.15 2016가단27222

가등기의 본등기절차이행 등

Text

1. Of the real estate listed in the separate sheet to the Plaintiff:

A. Defendant B, C, D, E, F, G, H, I, J, K, L, M, and N are 1/6 each.

Reasons

1. Determination as to the cause of claim

(a)The following facts may be found either in dispute between the parties or in addition to the purport of the entire pleadings, either in Gap evidence 1 to 8 (including paper numbers):

(1) Of the Defendants, at the time of registration of preservation of ownership of the remaining Defendants except Defendant X (hereinafter referred to as the “separate-owned Defendants”), Defendant K acquired the co-ownership share by inheritance of Defendant K. During the process of the instant lawsuit, Defendant S, T, U,V, and W inherited the said AD due to the death of Defendant AD, but instead, the said registration was not separately stated as the Defendants.

As co-owners of Gangdong-gu Seoul Ygi-gu 864.3 square meters, each of 16 households of Zfin houses located on the above ground is co-owners, and Defendant X was a director of the AA Co., Ltd. (hereinafter “A”) who received the reconstruction construction of the said Zfin houses.

(2) On March 4, 2005, Defendant B, the representative of the divided owners, entered into a contract for reconstruction works with AA on the part of March 4, 2005, and 16 households out of 19 households newly constructed, were preferentially allocated by the divided owners, and transferred ownership to AA, the contractor, in lieu of the payment of the construction cost, or sold in lots by AA, to appropriate the remainder for the construction cost.

(3) The defendants of sectional ownership completed each registration of initial ownership by being allocated 16 households after the construction of AB collective housing.

Of the three newly constructed multi-family housing units, 101 units were paid as substitute goods to other constructors, and the real estate listed in the separate sheet (hereinafter “instant real estate”) and 201 units of partitioned ownership completed registration of preservation of ownership as to one-six shares (one-half shares in Defendant Q, P,O, and R, respectively) of the Defendants under divided ownership.

(4) AA, which was subject to provisional seizure against multiple obligees, receives the instant real estate in lieu of the construction cost upon request from the defendant B.