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(영문) 서울서부지방법원 2015.08.26 2014가합37064

근저당권말소

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On July 16, 2006, the Plaintiffs entered into the instant sales contract with E as of July 16, 2006, the Plaintiffs are the sum of five parcels of land in Yongsan-gu Seoul, Yongsan-gu, G, H, I, and J (hereinafter “the land before the instant partition”). The Plaintiffs are omitted from the entry of the Seoul Yongsan-gu, Seoul, where the land is specified.

Of them, an area equivalent to 152.69 square meters (46.19 square meters, and 60/514 square meters registered in the name of E among the land before the instant subdivision, which is part of a specific part in which E exclusively occupied and used.

(2) The lower court concluded a sales contract to purchase 52.21 square meters (15.5 square meters) of a single-story house on the ground of the above H land (hereinafter “instant sales contract”) with the purchase price of KRW 800 million (hereinafter “instant sales contract”).

(2) On September 29, 2006, the Plaintiffs agreed to pay the purchase price to E, and that E shall have the right to purchase approximately KRW 18 million for shares acquired in a lawsuit for correction of ordinary water. (2) On September 29, 2006, the Plaintiffs completed the registration of transfer of ownership for each of the 30/514 shares of the land before the instant subdivision and the above single-story housing due to the instant sales contract.

B. E’s claim for ownership transfer registration against other co-owners 1) With respect to the portion of land used and 204.8 square meters in exclusive use by E among the land before the instant partition, E did not appeal against L, M, N,O, P, Q, Q, R, T’s succeeding intervenor U, V, M, M, Z, and AA against the succeeding intervenor X-Y’s succeeding intervenor on the ground of the termination of title trust. The appeal was filed by the Seoul Central District Court on October 28, 2005 (Seoul Central District Court Decision 203Ga68760), but the appeal was not filed by the Seoul High Court on May 29, 2006 (Seoul High Court Decision 2005Da87605, Oct. 28, 2006).