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(영문) 서울중앙지방법원 2017.05.16 2016가합513123
소유권이전등기
Text

1. The plaintiff's primary claim against the defendants is dismissed in entirety.

2. Defendant B is 300,000,000 won and its amount.

Reasons

1. Facts of recognition;

A. The Plaintiff is a purchaser who entered into a contract to purchase a site for the land of the 101st floor (hereinafter “the instant branch building”) among the D Building (including a apartment consisting of a commercial building from the underground first to the second floor on the ground, from the third floor on the ground to the 11st floor on the ground; hereinafter “D Building”) which is an aggregate building of each real estate listed in the attached list (hereinafter “instant site”). The Defendants are co-owners of the instant site.

B. Around 2003, Defendant C discovered the instant site where the right to use the site, such as the site of an aggregate building, among the real estate auction goods, has not been registered; and Defendant C awarded the instant site with E, F, etc., and then intended to gain profits by re-saleing the right to share of the site to the owner of a partitioned building on the ground; and completed the registration of ownership transfer for each of 1/3 shares in the instant site after winning the instant site as a voluntary auction on August 7, 2003.

F on the same day, the 1/3 equity of the instant site was sold to Defendant B and completed the registration of ownership transfer for that share.

C. Defendant C was comprehensively delegated the authority to perform all duties, such as eviction and removal lawsuits, negotiations on sale of shares, and transfer of ownership for the establishment of a site ownership, against the sectional owners of D building by E and B, and agreed to pay KRW 800,000,000 to E, and to pay KRW 700,000 to Defendant B.

On November 18, 2003, the Defendants and E filed a lawsuit against the sectional owners and tenants of the D building seeking removal and removal of the building. On June 3, 2005, the first instance court rendered a ruling ordering the sectional owners and tenants of the D building to withdraw their respective sectional ownership and remove their respective parts. The sectional owners and tenants of the D building appealed on legal superficies, etc., but the appellate court appealed on July 5, 2006.

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