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(영문) 서울서부지방법원 2018.10.31 2017가단237349
소유권이전등기등
Text

1. Defendant Q Q is the same as Defendant F, G, H, I, J, K, L, M, N,O, and 1/8 shares in the real estate of paragraph 3 of the attached Table 1.

Reasons

1. Facts of recognition;

A. 8 R, S, T, U, V, W, Plaintiff B, and E (hereinafter “instant building owner”) were to remove the existing building on the 11st parcel outside the Mapo-gu Seoul Metropolitan City X and to undertake the new construction of the instant apartment house (hereinafter “instant apartment house”) divided into 19 households.

B. Upon completion of the instant building, the said 8 owner: (a) decided on February 15, 2002 that: V 101; U 203; (b) Plaintiff B 402; and W 502; and (c) T 503; (b) S 602; (c) Plaintiff E 603; and (d) R 701 each sectional ownership; and (b) occupied and used the building exclusively.

C. In accordance with the entrustment of the registration of provisional disposition on March 8, 2002, the registration of preservation of ownership was completed in the joint names (1/8 shares, respectively) of eight owners of the instant building with respect to each of the units of the instant building.

R With respect to subparagraph 701, on November 6, 2012, filed a lawsuit claiming the transfer of ownership on the ground of the termination of a mutual title trust agreement against seven owners of non-self-owned property on November 6, 2012, and received a favorable judgment (Seoul Western District Court 2012Da5967) on April 2, 2013.

6. After completing the registration of sole ownership in his/her own name, Defendant Q completed the registration of ownership transfer on March 12, 2014, and on April 1, 2014, Defendant Q completed the registration of ownership transfer, respectively, with respect to shares of 203-1/8 registered in his/her own name, Y, 402, 502, 503, and 603, respectively.

E. Since then, the registration of 1/8 shares in Q 203 was transferred to Z on March 4, 2015, and on March 23, 2016, respectively. The registration of 1/8 shares in Q 402, 503, and 603 was transferred to A, on March 23, 2016, and the registration of 1/8 shares in Q 502 was transferred to Z on December 31, 2014.

On the other hand, upon the death of R on February 8, 2015, Defendant F, G, H, I, J, K, K, L, M, N,O, P (hereinafter “Defendant F et al.”) jointly inherited R’s property according to the pertinent inheritance ratio as stated in attached Table 2.

F. Accordingly, heading 203, 402, 502, 503, and 603 of the instant building respectively.

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