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(영문) 서울서부지방법원 2020.06.12 2019나31805
소유권이전등기
Text

1. Of the judgment of the first instance, the part against the Defendants in the judgment is modified as follows.

The Defendants, Co., Ltd., Ltd.

Reasons

1. The judgment of the court of first instance, which accepted the Plaintiff’s claim against the Defendants for the registration of share ownership transfer regarding the instant real estate, appealed by Defendant AS, AX, AZ, BC, BH, BH, BH, BK, BP, Q, and U.

However, since the Defendants jointly own the instant real estate as a partnership-ownership relationship, the lawsuit claiming the registration of ownership transfer against the Defendants is an essential co-litigation. In such a case, the appeal filed by a part of the co-litigants is also effective against the other co-litigants. Therefore, the judgment of the court of first instance is interrupted for all co-litigants due to the necessity of a partnership-family determination, and the lawsuit claiming the registration of ownership transfer against the Defendants was transferred to the appellate court as a whole, and the court shall also determine the remainder of the Defendants who did not appeal.

2. Facts of recognition;

A. 1) Co-owners, etc. of the building size of 370 square meters and BT large 1,038 square meters in Mapo-gu Seoul Metropolitan Government, and each co-owner, etc. of the building size of 1,038 square meters in each of the above sites were respectively organized “BS reconstruction association” and “BT reconstruction association”, which fall under the Civil Act, for the removal of buildings and construction of officetels on each of the above sites (the purpose of construction of officetels which is not a house was to build officetels, and the housing association or the urban and rural improvement project zone under the Housing Act was not designated and publicly notified as a rearrangement project zone under the Act on the Maintenance and Improvement

Each of the above reconstruction associations is "the reconstruction association of this case" in total.

(2) The reconstruction association of this case entered into a reconstruction project agreement with each BU Co., Ltd. (hereinafter “BU”) on May and June 2003. The main contents of the reconstruction project agreement are as follows: (a) the BU constructed an officetel with the site and charge from its members; and (b) the general portion of the housing unit, except the portion of the housing unit purchase, is sold on behalf of the said members and the construction cost is the sales price.

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