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(영문) 서울남부지방법원 2014.01.16 2013가단27408
소유권이전등기 등
Text

1. The plaintiffs' claims against the defendant (Appointed Party) B, Appointed C, and D are dismissed, respectively.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

(a)attached Form A,

B. On September 25, 2012, the Plaintiff Co., Ltd. (hereinafter referred to as the “Catsen”) in the voluntary auction procedure for each real estate listed in the list (hereinafter referred to as “each of the instant real estate”) is attached to the attached sheet.

A. It is called '404' as real estate listed in the list;

B, Plaintiff A, and Plaintiff A

B. Each registration of ownership transfer is completed on September 27, 2012 after each successful bid of real estate listed in the list (hereinafter “402”) was paid.

B. The apartment building including each of the instant real property (hereinafter “the instant apartment building”) is deemed to be “the instant land” in Mapo-gu Seoul Metropolitan Government E, 620.5 square meters or less.

Defendant B is located on the ground. Of the instant land, Defendant B owns the 196.05/620.5 shares, the Selection C owns the 228.5/620.5 shares, and the Selection D owns the 195.9/620.5 shares, respectively.

2. Determination

A. The main point of the plaintiffs' assertion is as follows, Defendant B, the designated parties C, and D (hereinafter "the defendants") are obligated to implement each procedure for the registration of ownership transfer with respect to the shares stated in the purport of the claim to the plaintiffs for the following reasons.

(1) The Plaintiffs received a successful bid of 404 or 402, which is an aggregate building, the exclusive ownership of the instant apartment that is an aggregate building, and also acquired the share of the land in the purport of the claim, which is a accessory or accessory right of each of the above exclusive ownership.

(2) Even if the plaintiffs did not acquire the right to use the site for each of the above sections for exclusive use, there is statutory superficies for the instant apartment.

B. (1) It is not sufficient to acknowledge that the Plaintiffs acquired the shares stated in the purport of the claim in the instant land only with the statement of Gap evidence Nos. 1 and 6, and there is no other evidence to acknowledge it. Therefore, this part of the Plaintiffs’ assertion is without

(2) Legal superficies as to the land of this case asserted by the plaintiffs are procedure for the registration of ownership transfer against the defendants as to the share stated in the claim.

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