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(영문) 서울중앙지방법원 2020.07.03 2019나30531
소유권이전등기
Text

1. Each of the plaintiffs' appeals is dismissed.

2. Upon the plaintiffs' preliminary claims added by this court, attached Form 2.

Reasons

1. Basic facts

A. The plaintiffs are the co-owners of W apartment house (hereinafter referred to as “instant apartment house”) that purchased the real estate listed in the corresponding column in the list of real estate in attached Form 3 and received the registration, and the defendants are the owners of the real estate listed in the list of real estate in attached Form 1 (the same shall apply to the list of real estate in attached Form 2; hereinafter the same shall apply) as of each corresponding column of the real estate in attached Form 3.

B. The instant site for new construction and sale of the instant apartment was owned by X (hereinafter “X”), but X built and sold Y apartment buildings, commercial buildings, substations, and boiler facilities on the neighboring site, including the instant site.

C. The registration X of the instant site installed a boiler room on the commercial building located on the ground of the instant site, and supplied the heating of the instant apartment and Y, Z, AA, AB, AC, and AD, and X had registered co-ownership shares in proportion to the share of the part corresponding to the boiler room area of the instant apartment among the instant site to the Defendants, who were the initial buyers of each of the instant apartment.

The first registration of ownership transfer was made in the name of Defendant I on October 15, 1983 with respect to the apartment of this case, which is the real estate listed in Section 1 of the list of the [Attachment 3] of the plaintiffs' pre-sale purchase and the registration of the apartment of this case, and the first registration of ownership transfer was completed in the name of the defendant I on October 1983, and thereafter the registration of ownership transfer was completed in the name of AE (AF) on March 30, 1987.

Plaintiff

C purchased the above apartment on May 16, 2017 from AE, and completed the registration of ownership transfer on July 14, 2017 due to the above sale. However, as to the share of the site stated in the attached Table 1 List 2 of the instant site, the share registration remains in Defendant I’s name until now.

Annex 3 List of Real Estate.

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