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(영문) 서울서부지방법원 2016.07.07 2015가합32585

소유권말소등기

Text

1.(a)

Defendant B, Inc., with respect to the real estate listed in paragraph 1 of the attached Table of Real Estate List to 1 G.

Reasons

1. Basic facts

A. 1) Seoul Mapo-gu Seoul Metropolitan Government Tro 30.9 square meters, U 12.6 square meters, and V 277 square meters (hereinafter “instant land before the combination”) are the land before the combination of land.

W, Co., Ltd. (hereinafter referred to as “W”).

) The ownership was X and Y constituted a group of 19 households, including each real estate listed on the land before the combination of this case, on the ground of the land before the combination of this case (hereinafter referred to as “instant apartment”).

On December 12, 2008, Y newly constructed and completed the registration of initial ownership relating to each of the shares of the instant apartment on December 12, 2008. Since Y completed each of one-half shares of the instant apartment units on July 17, 2009, Y transferred each of the shares of the instant apartment units to X for sale and purchase, all of the instant apartment units became X-only owned by the instant apartment units. 2) W on June 3, 2009, Y issued a provisional disposition prohibiting the disposal of the instant apartment units by taking the right to claim the exclusion of interference based on X andY’s ownership as the right to be preserved.

Since then W filed a lawsuit against X-Y et al. against the removal of the apartment of this case and the delivery of the land before the combination of this case (Seoul Western District Court 2009 Gohap677).

On November 25, 2009, the Z Co., Ltd. (hereinafter referred to as the "Z") purchased the land before the combination of the instant land from W and completed the registration of ownership transfer on the same day, and succeeded as W’s successor in the said legal proceedings.

On March 24, 2010, the Seoul Western District Court rendered a judgment that accepted a claim for return of unjust enrichment equivalent to the rent for Z X and Y in the above lawsuit and dismissed W and Z building removal and site delivery claim.

3) The Z and Y appealed respectively (Seoul High Court Decision 2010Na44233, the above appellate court revoked the part against ZX in the judgment of the first instance court on June 16, 201, and “X removes the entire apartment unit of this case to Z and transfers the land before the combination of this case to Z.”