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(영문) 인천지방법원부천지원 2016.04.21 2015가단3329

지분이전등기

Text

1. As to the Plaintiff’s share 12.65/1/3178 of each of the real estate listed in the separate sheet, the Defendant on April 1, 2013.

Reasons

1. Basic facts

A. On February 27, 2004, the Defendant’s purpose is to manage and preserve ownership of each of the real estate listed in the separate sheet owned by Cheongcheon-type Construction Co., Ltd. (hereinafter “Cheongcheon-type Construction”), and entered into a management trust agreement with the first beneficiary of trust principal and trust proceeds as new corporation (hereinafter “instant trust agreement”), and completed the registration of ownership transfer based on the said trust on February 28, 2004.

B. B, on the instant land, Cheongcheon Building constructed an officetel B, an aggregate building of 15th and 3th underground floors (hereinafter “the instant officetel”), and on November 30, 2004, the registration of ownership preservation of the instant officetels was completed in the name of B, according to the decision of provisional attachment No. 2004Kadan9989 at the Incheon District Court Branch Branch Office Decision 2004Kadan989 on November 30, 2004, but the site registration of the instant site was not completed.

C. On January 5, 2005, Seocheon-gu Office seized Nos. 101 of the instant officetel on the grounds of delinquency in tax payment of Cheongcheon-gu Office’s Cheongcheon-si Office, and completed the attachment registration on January 10, 2005.

On January 10, 2005, the Defendant entered into a trust contract with respect to Cheongcheon and the instant officetel 101, and completed the registration of ownership transfer on January 11, 2005. However, on the ground that the above trust contract against the Defendant, etc. was revoked and confirmed by the ruling ordering the cancellation of the above registration of ownership transfer, the above registration of ownership transfer in the Defendant’s name was cancelled on October 201, 2010.

On March 29, 2013, the Plaintiff purchased No. 101 of the instant officetel 101 and completed the registration of ownership transfer on April 1, 2013 in the public sale process conducted with respect to the instant officetel 101, following the disposition of arrears by the office of the office of the office of Nowon-gu, Seocheon-gu.

E. Of the instant site, the instant officetel No. 101 is entitled to a site.