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(영문) 수원지방법원 2019.11.05 2019가단537336

소유권이전등기

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1. As to shares 35.528/100.7 out of 1000 m35.7 m3,000 m3,000 m3,000

A. The defendant Korea Land and Housing Corporation shall be the defendant.

Reasons

1. Facts in the grounds for claim attached to the facts of recognition and the facts that the Plaintiff’s successor completed the registration of ownership transfer on July 11, 2019 with respect to buildings listed in attached Form 1 (E exclusively for exclusive use) on July 11, 2019 by the Plaintiff’s successor are not disputed between the parties, or recognized by adding up the purport of the entire pleadings to each entry listed in subparagraphs 1 through 6.

2. According to the above facts of recognition, with respect to the share of 35.528/100.7 square meters among 1000 m2.7 square meters in Sungsung-si D, the Defendant Korea Land and Housing Corporation is obligated to take the procedure for the registration of ownership transfer for sale on December 30, 2005 to Defendant C Co., Ltd., and the Defendant C Co., Ltd is obligated to implement the procedure for the registration of ownership transfer based on the acquisition of the building (E-owned portion) as indicated in attached Form 1 on July 1, 2019 to the Plaintiff succeeding Intervenor.

Although Defendant Korea Land and Housing Corporation has set up a defense to the effect that it would comply with a claim under the condition that the seizure of the right to claim for ownership transfer registration is rescinded, it shall be deemed that the seizure of the right to claim ownership transfer registration on the land which became an equity share in the site of an aggregate building is null and void (see Supreme Court Decision 2004Da742, Mar. 10, 2006). Therefore, the aforementioned Defendant’

3. According to the conclusion, the plaintiff's claim against the defendants by the plaintiff succeeding intervenor is justified, and all of them are dismissed as the plaintiff's claim against the defendants is without merit.