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(영문) 서울중앙지방법원 2016.10.11 2015가단5205287

소유권이전등기

Text

1. Defendant D, Defendant H, Defendant P, Defendant Q, Defendant R, Defendant S, Defendant T, Defendant U, Defendant V, Defendant W, Defendant X, and Defendant Z.

Reasons

1. Basic facts

A. The status of the parties (1) (i) the owner of the apartment house constructed on May 2010, Seongbuk-gu Seoul Metropolitan Government AD large scale 914 square meters (hereinafter “instant site”) and co-owners of the instant site around May 2010, as co-owners of the instant apartment house.

(2) On August 21, 201, the NetworkO died on August 21, 201, and succeeded to Defendant N, Defendant P, Defendant Q, and Defendant R’s co-property of the networkO, but Defendant N has completed the transfer registration solely by agreement and division on November 11, 201.

(3) On February 20, 2012, the network AC died and transferred its share solely on the ground of inheritance by agreement and division as to the net AC’s share on the instant site, although Defendant S, Defendant T, U, V, Defendant W, Defendant X, Defendant X, Y, and Defendant Z succeeded to common property. However, on March 8, 2013, DefendantY completed the transfer registration solely on the ground of inheritance by agreement and division.

(4) AE Co., Ltd. (hereinafter referred to as “AE”) is a party to a construction contract that intends to remove an existing apartment on the instant site with the instant reconstruction partner, etc. and remove the apartment on the instant site (hereinafter referred to as “instant apartment,” and the said construction contract is referred to as “instant construction contract,” and the Defendant AA Co., Ltd. (the representative is the AF and the representative director and the same person as the AE representative; hereinafter referred to as “Defendant AA”) is a company that has performed the instant construction after being transferred from AE the status of the contract under the contract for the instant construction project.

B. The conclusion and progress of the construction contract of this case (1) The reconstruction partner, etc. of this case is on the site of this case.