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(영문) 수원지방법원안산지원 2017.06.13 2016가단30470
소유권이전등기
Text

1. The Defendants, on November 12, 2007, share of 9.21/2963, among the F 2963m2 in Ansan-si 2963m2 to the Plaintiff.

Reasons

1. Indication of claim;

A. The Defendants were those who newly built and sold “G building,” which is an aggregate building of the size of 1st underground and the size of 5th above ground, on the 2963 square meters of the members of Ansan-si, Ansan-si, and sold the buildings listed in the attached list (hereinafter “instant building”) among them to H on June 19, 203.

B. H completed the registration of ownership transfer on the ground of sale on June 19, 2003 with respect to the instant building on November 11, 2003, but did not register the ownership transfer as to the site ownership of the instant building due to the reason that the registration of cadastral adjustment and the registration of land substitution is not completed.

C. Meanwhile, on November 11, 2003, H completed the registration of creation of a mortgage on the instant building with the maximum debt amount of KRW 96 million, the debtor H, and the National Agricultural Cooperative Federation of Korea.

Then, the auction procedure regarding the building of this case was initiated upon the enforcement of the above right to collateral security, and the plaintiff purchased the building of this case on November 12, 2007 at the auction procedure.

E. In acquiring the instant building, the Plaintiff acquired the right to use the site for the instant building with respect to FF 2963 square meters in Ansan-si, Ansan-si, and thus, the Defendants, who are the owners of the land, which is the object of the site ownership of the instant building, are obliged to implement the procedure for the registration of ownership transfer as to the site ownership.

F. Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership on November 12, 2007, with respect to each share of 9.21/2963, among the 2963 square meters in Ansan-si 2963 square meters, to the Plaintiff.

2. Judgment deeming the confession based on the ground (Article 208(3)2 of the Civil Procedure Act) (Article 208(3)2) of the Civil Procedure Act to be rendered by Defendant E to submit a written reply, but the content of substantially disputing the Plaintiff’s claim is not indicated, and the above Defendant is deemed to have

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