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(영문) 서울중앙지방법원 2015.05.15 2014나11917
소유권이전등기
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 26, 1994, the Plaintiff’s wife and Y (hereinafter “instant building owner”) (hereinafter “instant building owner”) were the owners of the land AA AA apartment house on the ground, such as the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, and ordered AB to undertake the reconstruction work of AA apartment house.

B. On March 5, 1995, the instant building owner agreed to pay two households among AD, a tenement house newly constructed by reconstruction, to AB as part of the construction price.

C. As to each real estate listed in the separate sheet (from the next date, “instant 102 and 103,” which is a part of AD, the registration of ownership preservation was completed under the joint name of the owner of the instant building (which was completed on October 10, 1995 by the commission of the registration of the entry on the provisional disposition order 95 Gohap3910, which was issued on March 29, 2007) and May 22, 2007, as to the remaining 15/16 shares remaining after the exception of U shares among the owner of the instant building, the registration of ownership transfer was completed on June 15, 2005 in the future of the Plaintiff.

On April 21, 2008, a suit was filed against U.S. (hereinafter “Defendant, etc.”) for the registration of transfer of 1/16 shares of the deceased P, K, K, L, M, N,O, Defendant C, D, F, G, H, I (hereinafter “Defendant, etc.”) and U.S. on April 21, 2008 (hereinafter “instant suit”). The instant suit was initiated by AE as agent of the Plaintiff, the Defendant, etc. on November 27, 2008, and U.S. announced that the Plaintiff, the Defendant, etc. agreed to transfer shares of U on March 15, 1995, on the share of 1/16 shares of U among the instant 102 and 103, and the judgment of the court below became final and conclusive on June 15, 2005, and each of the instant cases was finalized by the judgment of U.S. on March 27, 2008.

E. The net P died on July 31, 2010 and Qua 3.

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