지분이전등기
1. The plaintiff's main claim is dismissed.
2.(a)
The defendant shall receive KRW 70,99,142 from the plaintiff at the same time.
1. The Plaintiff shares 58/84 shares and the Defendant shares 26/84 shares, respectively, in relation to the Nam-gu Seoul metropolitan area 278 square meters (hereinafter “the site before the instant subdivision”).
Meanwhile, on the ground of the instant site, there were 123.85 square meters and 51.1 square meters in each of the single-story housing and stores owned by the Plaintiff (hereinafter “the instant building”) and 58.84 square meters in single-story housing owned by the Defendant, and 19.83 square meters in single-story housing and single-story stores owned by the Defendant (hereinafter “instant Defendant building”).
Of the instant site before the instant partition, the Plaintiff and the Defendant’s building were expropriated as a site for D Corporation around 2015, and the instant site prior to the instant partition became a building site of 201 square meters in Nam-gu, Nam-gu, Posi (hereinafter “instant site”). The Plaintiff and the Defendant’s building were entirely destroyed.
Meanwhile, among the instant land, the market price is KRW 70,91,142 (=29,356,000 x 26/84) around the date of closing the argument in the instant case as to shares owned by the Defendant for 26/84 (=29,356,000).
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 4, and the inquiry and reply of the fact to the business office south Gyeong-do of this court, the result of the inquiry of the fact, the result of the request for the appraisal of the market price to appraiser E, and the purport of the whole pleadings
2. The plaintiff's assertion
A. The primary assertion is that the Plaintiff’s building of this case has a part 143 square meters in the ship as stated in the purport of the claim, and the Defendant’s building of this case has a sectionally owned part 64 square meters in the part in the ship indicated in the purport of the claim. As to the site of this case, each of the above specific parts is divided and owned independently, but is owned only in the registration payment, and thus, the Plaintiff has a sectionally owned co-ownership relation. Accordingly, the Plaintiff’s resolution is completed the registration procedure for transfer of ownership on the ground of termination of title trust with respect to the share of 58/84 square meters in the part in the 64 square meters in the above part in the ship as to the 143 square meters in the above part in the ship.