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(영문) 서울북부지방법원 2017.03.07 2016가단120776
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Seongbuk-gu Seoul Metropolitan Government Multi-Family Housing Co., Ltd. (hereinafter “instant multi-household housing”) was newly constructed on September 7, 191, including the building indicated in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”) on the real estate listed in the attached Table No. 1 of the attached Table No. 1 (hereinafter “instant land”), with the construction permission granted on September 7, 191. As to the instant land, the mortgage-mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter “instant multi-family housing”) was established on March 8, 193 by establishing a contract for establishing a contract on March 8, 1993.

B. Of the instant land, the registration of ownership transfer was completed in the name D and E on May 18, 1995 with respect to each of the instant one/2 shares, and the registration of ownership transfer was completed on July 11, 1999 on the instant land due to the partition of co-owned property as of July 10, 1991.

Defendant and F received 1/2 shares of each of the above lands from the auction procedure based on the instant mortgage (hereinafter “auction procedure”) and completed the registration of transfer of ownership on January 24, 2003 due to the successful bid on January 7, 2003. Since then, the registration of transfer of ownership was completed in the name of 17 persons with respect to some of the above shares, and the Defendant currently owns only shares of 14139/14240 of the above shares among the above shares.

On the other hand, the instant mortgage was cancelled due to the auction procedure on the said land.

C. The Plaintiff was awarded a successful bid for the instant building in the Seoul Central District Court G Compulsory Auction Procedure for the instant building (hereinafter “auction Procedure for the instant building”) and completed the registration of ownership transfer on October 8, 2014 due to the sale on June 18, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 7 evidence, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion of this case is about January 16, 1993.

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