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(영문) 서울북부지방법원 2016.06.30 2015가합23929
근저당권말소
Text

1. As to each real estate listed in the separate sheet No. 1 with respect to the Plaintiff A, the Plaintiff B shall be described in the separate sheet No. 2.

Reasons

1. Facts of recognition;

A. 47 persons, including the plaintiffs, shared the land of several lots in Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as the “land before subdivision”) including each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter referred to as “instant land”). The plaintiffs and 11 co-owners filed a lawsuit against the remaining co-owners as to partition of co-owned property against the land before subdivision, the court 2007Gahap2477.

(hereinafter referred to as “division of co-owned property”). (b)

On August 13, 2009, this Court declared that each real estate listed in the separate sheet No. 1 is owned by a plaintiff A, and that each real estate listed in the separate sheet No. 2 is owned by the plaintiff B, and that each land before subdivision is divided in kind.

Therefore, some of the Defendants of the co-owned property partition case appealed, and the appellate court reversed the first instance judgment and sentenced to a decision on the division of the price. However, as the Plaintiffs of the above case appealed, the appellate court reversed and remanded the original judgment.

In the reversed and remanded trial of the above case, the appellant withdrawn the appeal on January 15, 2015, and accordingly, the judgment of the court of first instance became final and conclusive on October 14, 2009, when the period of appeal expires.

(See Articles 498 and 396(1) of the Civil Procedure Act. Accordingly, with respect to each real estate listed in the separate sheet No. 1, Plaintiff A completed the registration of entire co-owners’ share transfer on October 14, 2009 as to each real estate listed in the separate sheet No. 2, and as to each real estate listed in the separate sheet No. 2, the Plaintiff B completed the registration of all remaining co-owners’ share transfer on the ground of co-owners’ share transfer on May 29, 2015.

C. On October 18, 1982, Non-party E (hereinafter “the deceased”) shall make a provisional registration of the right to claim ownership transfer on the ground of the pre-sale agreement (hereinafter “instant pre-sale agreement”) October 13, 1982 with respect to Non-Party F shares of the instant real estate under Article 39456 of the same registry office.

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