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(영문) 서울서부지방법원 2017.11.22 2016가합38238
양도권리확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. The Plaintiff and E mixed with each other on May 23, 2008, and the Plaintiff and E were destroyed on June 11, 2009 on the Yongsan-gu Seoul, Yongsan-gu, where the Plaintiff and E shared 1/2 shares, and on which they were destroyed by around 178.5 square meters (hereinafter “instant land”) and on their ground.

(A) Of the sales rights to one apartment house (hereinafter “instant apartment”) and one commercial building (hereinafter “instant commercial building”) jointly acquired by the Plaintiff and E as a result of the urban environment rearrangement project in the zone D zone B, the apartment sales right belongs to E and the sales right to the commercial building belongs to E and the sales right to the commercial building belongs to the Plaintiff.

B. From June 2, 2011, the Plaintiff filed a claim for the performance of the procedure for the change of the name of the buyer against E (Seoul Western District Court Decision 2010Gahap8112) to the claim for the performance of the procedure for the change of the name of the buyer against E (Seoul Western District Court Decision 2010Gahap812), where the Plaintiff and E completed the registration of ownership transfer of the instant apartment and the instant commercial buildings to be constructed by the urban environment rearrangement project, with respect to each of the 1/2 shares of each of the instant apartment, the Plaintiff was decided to substitute for the adjustment that “E shall implement each procedure for the transfer of ownership as to the 1/2 shares of the instant commercial building,” and then finalized around that time.

C. On May 3, 2012, E sold one-half of the instant land owned by E to the Defendants, and on May 7, 2012, E completed each registration of ownership transfer as to one-fourth of the instant land to the Defendants.

On July 31, 2012, the Plaintiff and the Defendants changed the debtor of the right to collateral security established on the instant land from E to the Plaintiff in order to secure the debt for moving expenses, and the Plaintiff repaid the said loan, and the Defendants are merely the co-owners of the instant land.

② The Plaintiff set up a second priority mortgage on the Plaintiff’s share in the instant land, and set up a right to lease on a deposit basis on the Plaintiff’s residential property.

(3) This shall apply.

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