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(영문) 서울서부지방법원 2016.05.20 2015나33001

건물등철거

Text

1. The defendant's appeal is dismissed.

2. Attached Form 2 drawings (7), (8), (9), (19), and (20) of each real estate listed in the Schedule of Attached Table 1.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a corporation C (hereinafter “C”).

3,317.30 square meters in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant land”).

1) The project site of this case is “project site of this case”

(2) The Defendant, on March 3, 1989, purchased each of the real estate listed in the separate sheet No. 1 (hereinafter “instant building”) and completed the registration of ownership transfer on the ground of a management-type trust agreement, which newly constructs and sells E-owned complex buildings entrusted as trust property, and is a project proprietor who has completed the registration of ownership transfer. The instant building is located on the ground that it is located on the land of Yongsan-gu Seoul Metropolitan Government, Seoul, which is adjacent to the instant project site.

B. During the period from December 24, 2002 to June 13, 2003, 2132.1/9 of the aggregate of the land No. 1 of this case was owned by the J as land located in the project site of this case, and after the transfer registration was completed in its name on August 22, 1981, the land No. 1 of this case was owned by the said owners, such as S, T, U, V, W, X, Z, AA, and AB, and the land No. 1 of this case was jointly owned by the said owners, such as J.

On December 23, 2009, the registration of trust was made in the name of the Plaintiff on the whole land of this case on the following grounds: (a) the shares of co-owners of land 1 in this case were immediately registered in the name of the Plaintiff; or (b) the transfer of shares was registered in the name of the Plaintiff on the same day; and (c) the registration of trust was made in the name of the Plaintiff on March 11, 201 to July 19, 201 on the registration of trust in the name of the Plaintiff.

On July 19, 2011, equity right holders, including J, transferred all equity shares in the instant land to C, and C shall trust them to the Plaintiff and register trust in the name of the Plaintiff.