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(영문) 의정부지방법원고양지원 2015.07.17 2014가단64052

소유권이전등기

Text

1. Defendant D shall set out the shares of 196/980 among the real estate in the separate sheet No. 1 from Plaintiff B and paragraph 2 of the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiffs were co-owners of Goyang-gu, Yangyang-gu F (which was subdivided into F and G, and the land indicated in attached Tables 1 and 2; hereinafter “instant land”). As to the buildings listed in attached Tables 3 through 5 (hereinafter “instant building”) constructed on the said land, the registration of ownership preservation was completed under the Plaintiff’s name.

B. Defendant D filed a lawsuit against the Plaintiffs for the registration of ownership transfer of the instant land, and the judgment became final and conclusive on November 11, 2010 in the said lawsuit to the effect that “Plaintiff B shall carry out the procedures for the registration of ownership transfer based on the restoration of real name with respect to the Plaintiff B’s 1337/4634 shares, and the Plaintiff A shall carry out the procedures for the registration of ownership transfer based on the restoration of real name with respect to the Plaintiff’s 980/4634 shares, and Defendant E shall carry out the procedures for the registration of ownership transfer based on the sale on March 10, 1996 to the Plaintiffs.”

C. Defendant C filed a lawsuit against the Plaintiffs for ownership transfer registration regarding the instant land. In the foregoing case, the judgment became final and conclusive to the effect that “Defendant E, Defendant A, with respect to shares of 980/4634 out of each of the real estate listed in the separate sheet, Defendant B shall perform the procedure for the restoration of the authentic name with respect to each of the above real estate, and Defendant E shall perform the procedure for the restoration of the authentic name with respect to shares of 1337/4634 out of each of the above real estate, and Defendant E shall perform the procedure for the registration of ownership transfer on March 10, 1996 with respect to shares of 2317/4634 out of each of the above real estate.”

Meanwhile, the Seoul High Court 2012Na76876 decided Apr. 22, 2013 (Seoul High Court 2012Na76876) concluded conciliation to the effect that “Plaintiff B shall implement the procedure for transfer registration of equity ownership based on the transfer agreement as of April 22, 2013 with respect to the share of 196/980 out of the land listed in the attached Table 1, and 238/1192 out of the land listed in the attached Table 2, as of April 22, 2013.”

E. In addition, the District Court 2012Gadan1149.99 filed by Defendant C against the Plaintiff.