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(영문) 서울중앙지방법원 2017.07.13 2016가단133735
소유권이전등기
Text

1. Of the land listed in Annex 1 List 1, to the Plaintiff:

A. As to Defendant B’s share 500.58/48245.5, b.

Reasons

1. The following facts may be found either in dispute between the Parties or in full view of the respective entries in Gap evidence 1, 2, 7, 8, 19, and 20 (including paper numbers) and the entire purport of the pleadings:

The Plaintiff received a decision of permission for sale on July 21, 2016, and paid in full the sale price on August 22, 2016, in the auction case for the partition of co-owned property as to the real estate listed in the attached Table 2 (hereinafter referred to as “instant apartment”).

B. The apartment of this case acquired the ownership after completing the registration of ownership transfer on June 26, 1984 by the deceased F, and acquired the ownership by paying the sale price in full on August 22, 2016, as the deceased on May 30, 2006 by G (3/11), the defendant B (2/11), H (2/11), the defendant C (6/55), the defendant D (4/55) and I (2/111) jointly inherited the apartment of this case.

C. However, although the apartment house of this case is located in the land listed in Section 1 of the attached Table 1, the land listed in Section 1 of the attached Table 1 in the register of the above apartment is not registered as the land which is the object of the right to the site, and the land which is the object of the right to the site of Gangnam-gu Seoul, J, K and L

The networkF held 50.058/8768.1 shares among the lands listed in the annexed Table 1 List No. 1, but following the death of the deceased, Defendant B succeeded to the shares of 500.58/48245.5 shares among the above lands, Defendant C succeeded to the shares of 300.348/48245.5 shares among the above lands, and Defendant D succeeded to the shares of 200.232/48245.5 shares among the above lands.

E. The deceased F owned 1.736/304 shares of the land listed in the annexed Table 1 List 2, but following the deceased’s death, Defendant B succeeded to 17.36/16720 shares of the above land, Defendant C’s shares of 10.416/16720 shares of the above land, and Defendant D’s shares of 6.94/16720 shares of the above land.

2. The assertion and judgment

A. The plaintiff's assertion.

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