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1. Of the instant lawsuit, the Seoul Central District Court Decision 2010Na285 (Seoul Central District Court) cancelled the registration of transfer of ownership.
Reasons
1. Basic facts
A. The current status of the underground room of the instant building 1) The land owners in the Jung-gu Seoul Central District, Seoul Central District, around 1966, implemented a redevelopment project for the inferior area from G to H. In order to construct a new commercial apartment on the said land, C Co., Ltd (hereinafter “Nonindicted Company”) around November 18, 1966 for the construction of a new commercial apartment on the said land.
2) The non-party company newly built the office, store, housing, and neighborhood living facilities (hereinafter “instant building”) composed of eight floors above the ground of the steel reinforced concrete slab roof and the office, store, housing, and neighborhood living facilities (hereinafter “instant building”) in Jung-gu, Seoul.
On May 31, 1971, the area of the rooftop of the above building was 115.77 square meters, the area of the underground room was 594.61 square meters, and the registration of preservation of ownership was completed in the name of the non-party company.
3) At the present time, the title section of the registry on subparagraph 4 of Article 594 is composed of three independent real estate register, such as an underground floor No. 368.5 square meters (including an underground store with an underground room of 210.5 square meters and an underground floor of 158 square meters) and an underground shop No. 49.25 square meters (in the registry, 149 square meters) and No. 176.86 square meters (in the registry, 53 square meters and 53 square meters). 4) On September 19, 1985, the title section of the registry on subparagraph 5 of the underground floor of the instant building was indicated as “158 square meters in the underground store with an underground room of 368.5 square meters, and a store with an underground floor of 115.7 square meters as of October 17, 2013 with an underground floor of 15.7 square meters as of May 15, 2014.
B. Of the underground floors of this case, E with respect to 37.1/158 shares due to sale and purchase on October 26, 200, with respect to 37.1/158 shares due to the shares in the underground floors of this case, the shares of this case, the shares of which are 50.5/158 shares due to sale and purchase on October 27, 200, D completed the registration of ownership transfer on December 18, 200, with respect to the shares of 50.5/158 shares due to sale and purchase on October 28, 200, respectively.