(영문) 서울중앙지방법원 2017.12.21 2017가단5020541

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(영문) 서울중앙지방법원 2017.12.21 2017가단5020541

건물명도(인도)

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1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit include the part resulting from the supplementary participation.

Reasons

1. Facts of recognition;

A. On June 25, 2010, Plaintiff A and B filed a lawsuit seeking the implementation of the procedure for ownership transfer registration, etc. as to the instant building 304 as Seoul Central District Court 2015Gahap506760, on the ground that each 1/2 share of the real estate listed in the separate sheet (hereinafter “instant building 304”) was sold by Data Korea Co., Ltd., and received a favorable judgment.

B. Based on the above judgment, Plaintiff A and B completed the registration of ownership transfer on December 27, 2016 with respect to No. 304 of the instant building as one-half shares on December 27, 2016. On January 16, 2017, Plaintiff C donated each of 9/100 shares to Plaintiff C, and completed the registration of transfer of 18/100 shares on January 17, 2017 in the name of Plaintiff C.

Accordingly, as of the date of closing argument of this case, Plaintiff A and B own 41/100 shares, and Plaintiff C own 18/100 shares as of the date of closing argument of this case.

C. However, according to the building floor plan of this case on the building management ledger of the building of this case, when the building of this case sees the wise from the road direction, all households obtained the number of houses from the end of the left end to the right side as shown below and obtained approval for use. In fact, each unit of the building of this case is indicated with the number of houses from the end of the right side to the left side as indicated in the table below. The number of units per each unit of the building of this case is indicated with 1, 2, 3, and 4.

Housing 601 Of 602, 603 Of 604, 501 of 502 of 503 of 504, 504 of 401 of 402 of 403 of 403 of 404, 302 of 303 of 304, 302 of 304

D. Meanwhile, the Defendant concluded a sales contract on the instant building 304 with the Defendant’s Intervenor, from May 29, 2015 to May 29, 2015, and occupied and used the instant building as 304, while recognizing the part of the instant building No. 301 (Ming up to 304) among the instant building from May 29, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1-3, and Gangnam-gu Office of this Court, respectively.

유사 판례

-서울중앙지방법원 2018.02.07 2016고정3730

-수원지방법원평택지원 2017.09.08 2016가단48711

-서울행정법원 2015.01.07 2014구단543

-인천지방법원 2016.05.18 2015나17135

-서울중앙지방법원 2015.06.09 2014가단5020120