소유권이전등기절차이행청구
1. All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal office and the principal office.
1. In the first instance trial on the scope of this Court’s trial, the Plaintiff sought the implementation of the procedures for ownership transfer registration on each real estate listed in the separate sheet as the principal lawsuit, and the Defendant sought a return of unjust enrichment by counterclaim, and the court of first instance on the separate sheet 2 of the principal lawsuit’s claim;
3. The claim portion concerning each real estate recorded shall be cited, and the list in annexed Form;
1. The claim on the stated real estate was dismissed, and all the counterclaim claims were accepted.
Since only the plaintiff appealed against this issue, the subject of this Court's adjudication shall be the list of the main claim in the attached Form.
1. Request for ownership transfer registration and counterclaim concerning the stated real estate shall be limited;
2. Basic facts
(a) Attached List;
1. On June 23, 2003, the transfer registration for the registered real estate (hereinafter “instant land”) was completed on June 23, 2003 by the Defendant (5.7/29.7 equity), C (8/29.7 equity), Plaintiff (8/29.7 equity), and D (8/29.7 equity).
After that, on November 1, 2004, the Plaintiff purchased the above 8/29.7 shares of D’s land of this case on November 1, 2004 and filed a share transfer registration in the name of the Plaintiff on November 30, 2004. Accordingly, the Plaintiff’s share of the land of this case was 16/29.7.
B. (1) around March 2005, C, E, and the Plaintiff completed construction upon obtaining a construction permit to build a multi-household house (8 households) of the 1st underground floor and the 4th floor above the ground on the ground, and completed the said multi-household house around January 2006. (2) Thereafter, E’s creditors are eight generations of the above multi-household house.
3. The Seoul Central District Court I applied for a compulsory auction with respect to each of the E shares in each of the instant real estate recorded as “the instant building” (hereinafter referred to as “instant building”), and the said court rendered a decision to commence compulsory auction on September 23, 2014 and commissioned the registration of the entry in the said decision to commence compulsory auction on November 10, 2014, the registration of ownership preservation was completed under the joint names of the said four persons, on the ground that the Plaintiff, the Defendant, C, and E own one-fourth shares as to the instant building on November 10, 2014.
C. The defendant is a building of this case.