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(영문) 서울북부지방법원 2020.05.19 2019가단113793
소유권보존등기말소 청구
Text

1. As to the Plaintiff, among the real estate listed in the attached list, Defendant B’s 3/7 shares and Defendant C and D’s 2/7 shares, respectively.

Reasons

1. Basic facts

A. The Plaintiff is the party’s status 1) The Plaintiff is the Dobong-gu Seoul Metropolitan Government E-2,522 square meters (hereinafter “instant land”).

2) On the ground, the building of the existing 28 households is demolished and one apartment house (multi-family house) is located on the ground (hereinafter “instant building”).

(2) The Plaintiff’s partner died on March 2015, and G, H, I, J, and K, which are their children, shall be the network F co-inheritors.

After that, as G dies on December 27, 2017, the spouse of the deceased G succeeded to the property of the deceased B, Defendant C, and D.

B. 1) On January 3, 2012, the Plaintiff was a non-party L Co., Ltd. (hereinafter “non-party company”) company (hereinafter “non-party company”).

(2) As to the construction of the instant building, the Plaintiff concluded a construction contract with 48 households of multi-family housing and one residential facility, and agreed to pay in kind 20 households of multi-family housing and one residential facility as the construction cost. 2) The Plaintiff was entrusted with the shares owned by the members of the instant land from July 2012 to October 2012, and completed a share transfer registration based on trust.

3) On October 16, 2012, the Plaintiff and Nonparty Company received approximately KRW 4.2 billion from August 16, 2012 to October 2012, the Plaintiff received a loan extended in the name of an individual member with each of the shares of the union members as security from August 2012 to October 2012 from M&A’s land.

From August 2, 2012 to September 5, 2013, the Plaintiff wired the amount equivalent to KRW 3.3 billion out of KRW 4.2 billion to the non-party company 13 times from August 2, 2013. The non-party company used the amount equivalent to KRW 1.8 billion out of the said money as the relocation expenses of its members, and the remainder of KRW 1.4 billion as the construction cost.

5 The Plaintiff shall conduct a pre-use inspection to the head of Dobong-gu Seoul Metropolitan Government on February 2, 2016 after completion of the construction work of the instant building.

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