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(영문) 인천지방법원 2020.11.25 2020가단242019
소유권이전등기
Text

1. Defendant C Co., Ltd shall be the defendant as to the share of 43.191/189 of each of the real estates listed in the separate sheet.

Reasons

Facts of recognition

A. On July 9, 2002, Defendant C Co., Ltd. (hereinafter “C”) acquired the ownership of the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”). The real estate listed in each of the attached Table No. 1 (hereinafter “instant land”) according to its number and trusted it to the trust company.

B. Defendant C implemented a project to build a new aggregate building called E on each ground of the instant land.

Defendant C sold E apartment F (hereinafter “instant apartment”) with a total of 43.191 square meters among each land of the instant apartment site, which is the site of the instant apartment. However, on January 4, 2005, the registration of ownership preservation on the instant apartment without a site ownership registration was completed, and on February 2, 2005, Defendant C completed the registration of ownership transfer on the instant apartment with respect to the person who succeeded to the status of the buyer of the instant apartment and who paid the sale price in full.

C. On March 19, 2008, the Plaintiffs purchased the instant apartment including the instant apartment site from Defendant D and paid the total purchase price, and received the registration of ownership transfer on May 6, 2008.

On July 13, 2011, Defendant C received the registration of ownership transfer for the instant land on the grounds of reversion of trust property, and on the same day, Defendant C received the registration of ownership transfer for the instant land on the grounds of reinstatement of real name.

[Ground of recognition] The entry of Gap evidence Nos. 1-1-4, Gap evidence Nos. 2 and 3, and the purport of the whole pleadings

2. According to the judgment and the facts of the above recognition, the defendant C is obligated to implement the registration procedure for transfer of ownership on February 2, 2005 with regard to the share of 43.191/189 of the site of each of the apartment of this case among each of the land of this case to the person who succeeded to the status of the buyer of the apartment of this case at the request of the plaintiffs who subrogated to the defendant D, and the full payment of the sale price was made.

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