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(영문) 서울중앙지방법원 2018.05.09 2017나39602
건물명도
Text

1. The part of the judgment of the first instance against the Plaintiff (Counterclaim Defendant) B, C, and D as to the principal lawsuit shall be revoked.

2.(a)

Reasons

Basic Facts

Plaintiff

A entered into a contract between M and N on March 20, 200 with the owner of M, N, and Plaintiff A as the contractor, and entered into a contract with K’s apartment house (hereinafter “instant building”) on the ground outside the J of Gwanak-gu in Seoul Special Metropolitan City and the three lots of land, and began construction around April 2001.

Plaintiff

On July 10, 2001, A entered into a construction subcontract that allows Defendant I to perform the installation works of the instant building among the new construction works.

Plaintiff

A, on June 28, 2002, when the plaintiff A newly built 19 households as a row house on the above site between L and L who acquired part of the pre-owner M, N and the building site of this case through auction, the five households among them shall belong to L, and the remaining 14 households shall be transferred to the plaintiff, including M and N's shares, on the premise of the payment of land price, and the unit unit of this case among the buildings of this case shall have completed the registration of ownership transfer in the name of the buyer or occupant.

The registration of ownership was completed on December 31, 2002 by the approval of use on May 28, 2004 in L, M, and N, and the registration of ownership was completed at the ratio of one-third of shares in L, M, and N, and among these, the registration of ownership transfer was completed on July 17, 2008 with respect to L's shares (one-third shares) among M, and N on July 10, 2008.

On October 6, 2008, with respect to Nos. 203, 303 and 401, the registration was completed on October 6, 2008 by the creditor, the debtor, M and N (Seoul Central District Court 2008Kahap301).

With respect to No. 203 of November 14, 2008, the registration of ownership transfer was completed on October 20, 2008 on the following grounds: Defendant E,F, and No. 303 on November 203, 2008 in the future of Defendant G, and on No. 402 in the future of Defendant G, and on No. 402, on October 20, respectively.

Since then, the Plaintiff filed a lawsuit against M and N seeking the registration of ownership transfer (hereinafter “prior case”) with respect to M and N, and Defendant E, F, and G.

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