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1. The plaintiff (Appointed)'s claim of this case is all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).
Reasons
1. Basic facts
A. On July 19, 1979, J newly constructed a L building in the form of sectional ownership (hereinafter “instant building”) on the ground of Yeongdeungpo-gu Seoul Metropolitan Government, K-gu, 3,839 square meters (hereinafter “the instant land”). After completing the preservation registration on the instant building around July 19, 1979, J sold the sectional ownership right to the instant building, and completed the registration of ownership transfer on part of the instant land along with the registration of ownership transfer on the sectional ownership.
B. After the Act on the Ownership and Management of Aggregate Buildings (hereinafter, the Act on the Ownership and Management of Aggregate Buildings) was enacted by Act No. 3725 on April 10, 1984 and the Act on the Registration of Real Estate was newly established, the registration of an aggregate building was completed on October 20, 1986 with respect to the building of this case, and on the same day, the registration was completed with respect to the remaining portion of land except J and M’s co-ownership (J 497.18/3739 shares, M 16.03/379 shares) among the co-ownership shares of this case.
C. Around July 27, 1987, J completed the registration of ownership transfer in the name of N with respect to the portion of 33.05/3729 among the co-owned shares owned by it, and with respect to the portion of 132.23/3739 shares in the name of O, and completed the registration of ownership transfer with respect to the remaining portion of land owned by it (331.90/3739) on the same day, which is a site ownership of the building of this case. At the time, J owned the ownership of 121, 223 and 224 of the building of this case.
P has completed the registration of ownership transfer for shares owned by O on January 20, 1992, with respect to shares of 132.23/3839, and Q has completed the registration of ownership transfer for said shares around August 19, 202.
E. On July 19, 2005, the Plaintiff (designated parties; hereinafter only the Plaintiff) and the Appointed H jointly won shares in Q (132.23/3,739) and completed the registration of ownership transfer in their respective names with respect to shares 66.115/3,739 around the 25th of the same month, and around October 28, 2005, the Selection N.