소유권이전등기절차이행
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) with respect to the Plaintiff’s share of 59.714/9261 out of the land indicated in the separate sheet.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The defendant is a reconstruction association established to remove the above apartment house and build new apartment on the site by the sectional owners of the B-built housing located in Yangcheon-gu Seoul Metropolitan Government.
(hereinafter referred to as the “instant reconstruction project”). B.
During the period from August 2003 to April 2008, the Defendant was entrusted with co-ownership shares in the land listed in the separate sheet (hereinafter “instant site”) from the Defendant’s members and completed the registration of transfer of each share in the name of the Defendant for each trust.
C. The Defendant newly constructed D apartment on the ground of the instant site (hereinafter “instant apartment”).
On February 20, 2008, E Co., Ltd. (the subcontractor of the instant reconstruction project; hereinafter referred to as “E”), the Defendant’s creditor, received a decision of provisional attachment from the court, and entrusted the registration of provisional attachment or provisional injunction, and on February 20, 2008, the registration of ownership preservation was completed with respect to the section for exclusive use (hereinafter referred to as “section for exclusive use”) under the Defendant’s name. However, with respect to the instant section for exclusive use, the registration of ownership was not completed.
On December 23, 2010, the Defendant’s members held a general meeting of the members of the association and established a covenant that the Defendant’s ownership registration of the instant site trusted under the name of the Defendant to the members of the association and the general buyers should be made in accordance with the share ratio. According to the above schedule, the share ratio of the site corresponding to the instant section for exclusive use is 59.714/9261.
E. Meanwhile, F applied for a compulsory auction on the instant section for exclusive use by G and rendered a judgment of commencement of auction on February 25, 2009. The Plaintiff was awarded a successful bid and completed the registration of ownership transfer on September 18, 2015, but did not complete the registration of site ownership up to now.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 6, and the purport of the whole pleadings.