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(영문) 서울중앙지방법원 2016.06.09 2016나16237

소유권이전등기

Text

1. The plaintiff's action against the defendant C, D, G, and I that has been changed in exchange at the trial of the party shall be dismissed.

2.In the trial, the trial shall be held.

Reasons

1. After remanding the case, the judgment of the court before remanding the case to the court below was all dismissed by the plaintiff's claim against the defendant (appointed party), J, K, M, M, N,O, defendant C, D, E, F, G, H, and I. The Supreme Court reversed only the part of the plaintiff's appeal against defendant C, D, F, G, H, H, and I and remanded to this court. Thus, the appeal to the court below is limited to the part of the above reversal and return.

2. Basic facts

A. Defendant C, D, G and P, K, K, L, M, N, E,V, W, X, U, and the Plaintiff’s wife and Y, etc. (hereinafter collectively “instant owner”) were the owners of AAA tenement housing on the ground of the land, such as the Gwanak-gu Seoul Special Metropolitan City, but ordered AB to undertake the reconstruction construction work of AAhousehold housing on September 26, 1994.

B. On March 5, 1995, the owner of the instant building agreed to pay two households of AD, which are the reconstruction apartment house, to AB as part of the construction cost.

C. As to each real estate listed in the separate sheet (from the following date, “instant 102, 103”) which is part of the above AD nests, the registration of ownership preservation was completed under the joint names of the owners of the instant building (which was completed on October 10, 1995 by the commission of the entry registration concerning the order of provisional disposition 95 Gohap3910 in this court). On March 29, 2007 and May 22, 2007, with respect to the remaining 15/16 shares of the owner of the instant building except U shares among the owners of the instant building, the registration of ownership transfer was completed on June 15, 2005 in the future for the Plaintiff.

On April 21, 2008, this Court filed a lawsuit against U, P, J, K, L, M, N,O, O, E, Defendant C, D, F, G, H, I (hereinafter “Defendant, etc.”) and against U, seeking registration of transfer of 1/16 shares in the instant Nos. 102 and 103 (hereinafter “Defendant, etc.”), and the instant lawsuit was brought by an attorney-at-law in the lawsuit against the Plaintiff, the Defendant, etc. on November 27, 2008, and U, U, as the representative of the Plaintiff and the Defendant, etc. on November 27, 2008, with respect to shares of U 1/16 shares in U in each of the instant No. 102 and 103.