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(영문) 수원지방법원 2017.08.31 2016나78974
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

1...

Reasons

1. Facts of recognition;

A. Status 1 of the parties to the dispute 1) Construction of Sam new Integrated Construction Co., Ltd. (hereinafter “Tre new Comprehensive Construction”).

A) The sum of six parcels, including the area of 1,412 square meters in Guang-si, JJ (hereinafter “instant site”) is 20,292 square meters (hereinafter “instant site”).

2) On the ground, K apartment and commercial buildings (hereinafter “instant condominium buildings”) are located on the ground.

2) The non-party G is the president of a housing reconstruction and rearrangement project association (hereinafter “association”) with the aggregate of 46,439 square meters of 78 lots, including the instant land, as the rearrangement project area.

3) The Defendant is the owner of a part of the instant aggregate building. (b) The new aggregate construction in the name of an association with respect to a certain portion of the instant site (1) was completed on May 6, 1985 through completion of the instant aggregate building in order and completed the registration of ownership transfer with respect to a section for exclusive use by several buyers, but with respect to the land which is the object of the right to a site, the registration of the right to a site was completed only 19,349.72/20,292 shares out of the instant site, and the remaining 942.28/20,292 shares (hereinafter “instant shares”) left as the ownership of a new aggregate construction.

2) The Mutual Association filed a lawsuit seeking the registration of ownership transfer based on sale on the ground that it exercised the claim for sale of the instant shares against the Samwon Construction (U.S. District Court Decision 201Gahap868), and the said lawsuit initiated by service by public notice was finalized on August 26, 201, which accepted the claim of the Mutual Association. According to the above judgment, the Mutual Association completed the registration of ownership transfer with respect to the instant shares on June 28, 2012 (hereinafter “instant registration of ownership transfer”).

3) Meanwhile, the Defendant, E, and F (hereinafter “three persons including the Defendant”) asserted that the instant share as a buyer or special successor to the buyer of the instant aggregate building should be transferred to the buyer of the instant aggregate building as a site ownership, and that the instant share should be transferred to the buyer of the instant aggregate building.

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