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(영문) 서울고등법원 2017.04.27 2016나2050731
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The Samdong General Construction Co., Ltd. as the party to the dispute (hereinafter referred to as the “Seoul General Construction”) is a construction contractor that constructed K apartment and commercial buildings (hereinafter referred to as the “instant condominium building”) on the ground of 20,292 square meters in aggregate on six parcels, including the 1,412 square meters in king-si Jin-si, Jin-si (hereinafter “instant site”).

The Plaintiff is the president of the CHousing Reconstruction Project Association (hereinafter referred to as the “Association”) with the aggregate of 46,439 square meters of 78 square meters, including the instant site, as the rearrangement project area.

The defendant is the owner of some real estate in the aggregate building of this case.

B. On May to June 6, 1985, the 3rd General Construction Co., Ltd. completed the instant aggregate building in sequence and completed the registration of ownership transfer with respect to the section for exclusive use by the buyers. However, with respect to the land which is the object of the right to site, the 19,349.72/20,292 shares among the instant site shall be completed, and the remaining 942.28/20,292 shares (hereinafter “instant shares”) shall be registered.

(2) The Mutual Association filed a lawsuit claiming the registration of ownership transfer on the ground of sale and purchase on the ground of the right to claim sale on the instant share (U.S. District Court Ansan Branch Decision 2011Gahap868), and the said lawsuit pending by service by public notice was affirmed on August 26, 201, and became final and conclusive as it is.

Pursuant to the above judgment, a cooperative completed the registration of ownership transfer with respect to the instant shares on June 28, 2012.

(hereinafter “instant transfer registration”) on the other hand, Defendant, E, and F (hereinafter “Defendant et al.”)

As a buyer or special successor of the instant aggregate building, the instant share should be transferred to the buyer of the instant aggregate building as a site ownership, and three persons including the Defendant, etc. among the shares in the instant case, asserting that it should be transferred to the buyer of the instant aggregate building as a site ownership.

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