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(영문) 서울남부지방법원 2014.12.11 2014나50895
소유권이전등기 등
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff succeeding intervenor and the plaintiff Gap's claims are all dismissed.

2...

Reasons

1. Facts of recognition;

(a)attached Form A,

B. In the procedure for compulsory auction of each real estate recorded in the list (hereinafter “each of the instant real estate”) at the Seoul Western District Court G District Court G real estate G on September 25, 2012, Co., Ltd., Ltd. (hereinafter “meat”) is attached hereto.

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.

(C) The Plaintiff’s succeeding intervenor purchased No. 404 on April 10, 2014 and completed the registration of transfer of ownership on April 30, 2014. (3) Of the instant land, Defendant B owns 196.05/620.5 shares, Selection C owns 228.5/620.5 shares, and Selection D owns 195.9/620.5 shares, respectively.

2. Determination

A. The Intervenor succeeding to the Plaintiff, the designated parties C, and D (hereinafter “Defendants”) are obligated to perform each procedure for the registration of ownership transfer as to the share stated in the purport of the claim to the Plaintiff’s succeeding Intervenor and the Plaintiff for the following reasons.

(1) Upon receiving a successful bid of Nos. 404 or 402, an apartment building of this case, which is an aggregate building, the main body and Plaintiff A also acquired the share of the site stated in the purport of the claim, which is a accessory or accessory right of each of the above sections of exclusive ownership.

(2) H and I, the former owner of the instant apartment, acquired legal superficies or right to use land for the instant apartment due to the sale of the instant land on April 1, 2009 from the auction procedure (Seoul Western District CourtJ) on the instant apartment, and R and I, the main owner of the instant apartment, and the Plaintiff’s above legal superficies or right to use land.

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