Text
1. The Plaintiff:
A. Defendant B shall enter the shares of 198/423 of the land listed in the attached list No. 1 and paragraph 2 of the attached list.
Reasons
1. Claim against the defendant B
A. Since Defendant B agreed on September 3, 201 to transfer the ownership of the instant land Nos. 1 and 2 to the Plaintiff on September 3, 2011, Defendant B demanded the said Defendant to implement the respective procedures for ownership transfer registration on the instant land No. 1 and the instant land No. 2 based on the said arrangement.
(b) Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private investors);
2. Basic facts
가. 원고는 1971. 9. 28. 피고 D에게 의정부시 E 대 423㎡(이하 ‘분할 전 토지’라고 한다)의 이 사건 제1토지 부분 중 별지 도면 표시 ㄷ, ㄹ, ㅋ, ㅊ, ㅈ, ㄷ의 각 점을 차례로 연결한 선내 50㎡ 및 그 지상의 목욕탕 건물{이후 별지 목록 제3항 기재 건물(이하 ‘이 사건 제2호 건물’이라 한다
(E) sold the building, and Defendant D completed the registration of initial ownership on March 11, 1991.
B. F, after completing the registration of ownership transfer on the land before subdivision on August 16, 1974, died on April 8, 1982, and the Plaintiff jointly succeeded to the property of the networkF (hereinafter “the network”) with the 6/11 shares, Defendant B’s 4/11 shares, and G 1/11 shares.
C. Defendant B completed the registration of ownership transfer on April 12, 1980 with respect to the entire land before subdivision on April 14, 1980.
On July 6, 1990, the Plaintiff and G filed a lawsuit seeking cancellation of the ownership transfer registration against Defendant B relating to the shares of 7/11 of the land before subdivision (i.e., Plaintiff 6/11 shares G 1/11 shares) and filing a lawsuit seeking the registration of ownership transfer relating to the shares of 4/11 shares out of the land before subdivision (hereinafter “the first lawsuit”).
Accordingly, the above court completed the above defendant's transfer of ownership as to the above defendant's 7/11 share of the land of this case prior to the division on February 25, 1993, without any grounds for registration. Thus, the above defendant is the plaintiff.