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(영문) 서울남부지방법원 2016.05.26 2014가단46543
소유권이전등기
Text

1. The Plaintiff: The Yeongdeungpo-gu Seoul Metropolitan Government JJ large 3,087m2

A. Defendant A, B, C, D, E, and F are shares 0.715/711.7

Reasons

1. Facts of recognition;

A. The Yeongdeungpo-gu Seoul Metropolitan Government J Site No. 1311.7 (hereinafter “Seoul Yeongdeungpo-gu land before subdivision”) owned by K mixed, and L et al. purchased a part of the shares successively and finally owned by M, N,O, P et al., and recorded on the register. However, in fact, M, N,O, and P (hereinafter “M et al.”) purchased a part of the land before subdivision by specifying the location of the land before subdivision, and possessed and used it separately.

B. M et al. filed a lawsuit against other co-owners, including Q et al. on the ground of termination of mutual title trust, and the Seoul District Court rendered a judgment in favor of some of the winnings on July 31, 1996 (hereinafter “the judgment of this case”), and the above judgment became final and conclusive around that time.

C. The registration of co-ownership of the land before subdivision was transcribed without having arranged shares in J 3,087.4 square meters (hereinafter “instant land”) and R 981.7 square meters from the land before subdivision. D. The registration of co-ownership of the land before subdivision was transferred without having arranged shares in accordance with the instant judgment.

Q died on September 28, 2004, and on October 19, 2005, the wife completed the registration of ownership transfer as to Q’s share 17/131.7 of the instant land due to the inheritance of property due to the consultation and division on October 19, 2005.

E. On August 28, 2006, the Plaintiff entered into a sales contract to purchase shares of 22.4/1,311.7/7 of the instant land and 17/1,31.7/1,000 of T 267.1 square meters (hereinafter “instant sales contract”). At that time, the Plaintiff paid the full amount of the sales price to S, but completed the registration of ownership transfer only for shares of 17/1,31.7 of the instant land.

F. The Plaintiff filed a lawsuit against M et al. as a party to the designation of S et al., and against M et al. and three inheritors, for the registration of transfer of ownership due to the cancellation of mutual title trust with respect to shares not adjusted following the resolution of sectional co-ownership relationship

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