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(영문) 서울중앙지방법원 2017.09.27 2015가단214279
소유권이전등기청구등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C, D, and E newly built an aggregate building consisting of eight households on the land of Jongno-gu Seoul Metropolitan Government F large 86 square meters (hereinafter “instant land”), G large 52.9 square meters, and H large 69.4 square meters (hereinafter “instant condominium”) owned by them.

B. On April 24, 2003, each of the households of this case was registered to preserve ownership on each of the above three shares.

C. Mediation was concluded between the above Ba and I who performed the construction of the instant Ba, which included the following: (a) the dispute over the instant Ba was brought into place; (b) the Seoul Central District Court 2006Da457524, etc.); and (c) the 201 of the Bara was the Plaintiff’s sole ownership, and (d) the 401 of the Ba was the sole ownership, and the 401 of the Ba was the sole ownership.

With respect to the loan Nos. 201 and 401 of this case, the ownership transfer registration was made in the name of the plaintiff alone through the transfer of shares on December 14, 2009.

In the case of 201, the ownership transfer registration has been made to a third party thereafter, and in the case of 401, the name of the ownership registration for 2/3 shares is still the plaintiff.

E. C dies and became the Defendant’s heir.

[Reasons for Recognition] Each entry of Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff alleged that the Plaintiff acquired the ownership of 201 and 401, which is a part of the instant loan site, and the Defendant, as part of the instant loan site, is obligated to complete the registration of ownership transfer for 1/8 shares out of the instant land pursuant to Article 20 of the Act on the Ownership and Management of Aggregate Buildings.

In addition, the defendant is liable for damages to the plaintiff until the registration of ownership transfer has been made.

B. (1) The Plaintiff’s claim of this case is premised on the Plaintiff’s ownership of 201 and 401 out of the loan of this case. We first examine its ownership relationship.

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