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(영문) 서울남부지방법원 2015.11.10 2015가단20982
대지권표시등기절차 이행
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts are based on the following facts: (a) the Plaintiff and the Defendants do not dispute each other; (b) the evidence Nos. 1 and 4-1 and 2, respectively; and (c) the purport of the entire pleadings.

On May 26, 200, G Housing Improvement Redevelopment Partnership (hereinafter referred to as the “instant association”) filed an application for registration of preservation of ownership for part of the partitioned buildings belonging to the F apartment No. 201 of the F apartment, Yangcheon-gu, Seoul (hereinafter referred to as “instant apartment”) No. 201, and applied for registration of indication as to No. 707 of the instant apartment No. 201, pursuant to the relevant Acts and subordinate statutes. However, the land subject to the site ownership was registered as the land of Yangcheon-gu Seoul Metropolitan Government D, 3919, 519, 5679, 707,000 square meters (hereinafter referred to as the “instant land”), but there was no registration of site ownership for the instant apartment No. 201, 707, and on the same day, no registration of preservation of ownership was made on the said building (No. 707).

B. On May 26, 200, the registration of indication due to the implementation of the urban redevelopment project was made on May 26, 200, and at the same time, the registration of ownership preservation was made in the name of Defendant B on the share of 45/45/2, but the registration of the purport of the right to a site concerning the share of 201 apartment building of this case was not only the part of subparagraph 707, etc. but also the registration of ownership preservation was made on October 14, 2001, after the registration of ownership transfer was made in the name of Defendant Seoul Special Metropolitan City on the ground of the erroneous transfer on October 14, 2001 for the share of which the registration of ownership preservation was made in the name of Defendant B, and at the same time on January 12, 1995, the registration of the purport of the right to a site of this case was completed.

C. As to the instant apartment No. 201, 707, July 12, 2003, the registration of ownership preservation under Defendant B’s name, and Defendant C. on August 25, 2010.

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