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(영문) 인천지방법원 2019.06.05 2017가단43014
소유권이전등기말소등
Text

1. As to the Plaintiff, as to the share 59.679/9,261 of the F Forest in Yangcheon-gu Seoul Metropolitan Government 9,261 square meters

A. Defendant B.

Reasons

1. Facts of recognition;

A. Defendant E-building housing association (hereinafter “Defendant Association”) is an association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the reconstruction of E-building located within 9,261 square meters of forest land in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant site”).

The Defendant Association removed the above E apartment units and newly built “G apartment units” (hereinafter referred to as the “instant apartment units”).

On July 20, 2006, the Defendant Union concluded a sales contract with Defendant B to sell H heading (the indication of the exclusive ownership portion is as shown in the attached Form; hereinafter “H”) of the instant apartment.

B. As to the site of this case, the registration of ownership transfer has been completed from the members of the defendant association to the defendant association, and as to each section of exclusive ownership, the registration of ownership transfer has been completed in the name of the defendant association in accordance with the entrustment of registration of provisional attachment or provisional disposition between December 27, 2007 and February 20, 2008.

However, the registration of site ownership of H-ho section for exclusive use has not been completed.

C. On July 20, 2006, Defendant B filed a lawsuit against the Defendant Cooperative seeking the implementation of the procedure for ownership transfer registration on the ground of sale on July 20, 2006 (Seoul Southern District Court 2012Kadan5302, Seoul Southern District Court 2012Na5082). ② Of the instant site, Defendant B filed a lawsuit seeking the implementation of the procedure for ownership transfer registration on the ground of sale on July 20, 2006 (Seoul Southern District Court 2013Gadan80652), and each of the above judgments became final and conclusive.

Defendant B completed the registration of ownership transfer under his name on September 2, 2014, which was received on September 2, 2014 from the Seoul Southern District Court (Seoul Southern District Court), due to the sale on July 20, 2006, pursuant to the decision on the transfer of the instant housing site shares, and purchased and sold the instant housing site shares on December 15, 2016 as the receipt No. 215479, Dec. 21, 2016.

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