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(영문) 서울중앙지방법원 2016.09.21 2015가단105269
소유권이전등기절차이행청구
Text

1. An attached list to the Plaintiff (Counterclaim Defendant)

2. 23.25/177 of the stated real estate, as well as the shares.

Reasons

1. Attached List 2.1

3. As to each real estate mentioned above, the plaintiff sought against the defendant the implementation of the procedure for the registration of transfer of ownership on the ground of an agreement on June 10, 2003 with respect to the shares of the defendant among each real estate listed in the separate sheet 2. and 3, and the defendant does not dispute this.

Then, the defendant shall list to the plaintiff

2. A list of 23.25/177 of equity and separate real estate recorded.

3. With respect to shares of 1/4 of each of the real estate mentioned above, each of them shall be liable to implement the procedures for ownership transfer on the grounds of an agreement on June 10, 2003.

2. Attached list;

1. The principal lawsuit and counterclaim shall be deemed simultaneously with respect to the stated real estate;

A. (i) A list of basic facts;

1. As to the registered real estate (hereinafter “instant land”), on June 23, 2003, the transfer registration was completed on June 23, 2003 by the Defendant (5.7/29.7 equity), Nonparty C (8/29.7 equity), Plaintiff (8/29.7 equity), and Nonparty D (8/29.7 equity). D’s equity was purchased on November 1, 2004 by the Plaintiff on November 30, 204, and the transfer registration was completed on November 30, 2004.

(16/29.7) Sheet C, E, and the Plaintiff, around March 2005, shall be a list of the Plaintiff’s final shares on the five parcels of land, other than the instant land.

3. On January 2006, the construction of the instant building was completed after obtaining a construction permit for the construction of the construction of the recorded building (the underground first floor, multi-household house on the fourth floor on the ground, hereinafter “instant building”), and the original, the Defendant, C, and E jointly own 1/4 shares, respectively.

Consolidatedly, the sum of the rent from January 1, 2008 to May 27, 2015 for the Defendant’s shares (5.7/29.7 shares) out of the instant land is KRW 13,027,00, and the monthly rent is KRW 152,00.

Applicant The Defendant filed a lawsuit against the Defendant, who is the co-owner of the instant building, seeking the return of unjust enrichment in proportion to the share of unjust enrichment gained by occupying and using the instant land against the Defendant, who is the co-owner of the instant land (this Court Decision 2014Da216230), and jointly filed the lawsuit on December 24, 2015. The Defendant jointly filed the lawsuit with the Plaintiff KRW 13,027,00.

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