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(영문) 서울남부지방법원 2015.11.10 2014가단48549
소유지분권 이전등기
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

1. The following facts are based on the following facts: (a) the Plaintiff, the Plaintiff (Counterclaim Plaintiff) and the Defendant did not dispute each other; or (b) the entries in the evidence Nos. 1-2, 2, and 3 are acknowledged in full view of the purport of the entire pleadings.

On May 26, 200, the G District Housing Improvement Redevelopment Cooperative (hereinafter referred to as the “instant association”) applied for the registration of preservation of ownership as to part of the partitioned buildings belonging to the F apartment (hereinafter referred to as “instant apartment”) No. 201, Yangcheon-gu Seoul Metropolitan Government, and applied for the registration of indication as to No. 201, Dong No. 707 of the instant apartment pursuant to the relevant Acts and subordinate statutes, but the land which is the object of the site ownership was registered as Yangcheon-gu Seoul Metropolitan Government D, 3919, 5679, 707,000 square meters (hereinafter referred to as the “instant land”), but it did not have the registration of site ownership as to the instant apartment No. 201, Dong No. 7077, May 26, 200, and on the same day, there was no record of preservation of ownership as to the said building (No. 707).

B. On May 26, 200, the registration of the indication of the project implementation of the urban redevelopment project was made on May 26, 200, and at the same time, the registration of the ownership preservation was made in the name of the Defendant (Counterclaim Plaintiff) with respect to the share of 45/45/2 under the name of the Defendant (Counterclaim Plaintiff). However, the registration of the purport of the right to the site ownership of the instant apartment building No. 201 was excluded from part of No. 707, etc., and as to the said share, the registration of ownership preservation was made in the name of the Defendant (Counterclaim Plaintiff) on the ground of erroneous transfer on October 10 of the same year, and on June 14, 2001, the entire share transfer registration was made in the name of Nonparty H on January 12, 1995, and at the same time the registration of the right to the site ownership of this case was completed.

C. As to the instant apartment Nos. 201, 707, the Defendant (Counterclaim Plaintiff) on July 12, 2003.

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