logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.03.17 2015가합566786
가등기말소
Text

1. As to the Plaintiff’s share 138.87 percent of 37,916 of the area of 24,760.8 square meters in Seocho-gu Seoul Metropolitan Government.

Reasons

1. Indication of claim;

A. The Plaintiff is a reconstruction improvement project association (hereinafter “Plaintiff association”) that completed the registration of incorporation on August 13, 2003 with the authorization from the head of Seocho-gu Seoul Metropolitan Government on August 3, 2001, in order to remove the D apartment in Seocho-gu Seoul Metropolitan Government and reconstruct the collective housing on its ground.

B. The Plaintiff Union received authorization for project implementation on July 7, 2006 and authorization for management and disposal on July 23, 2010.

After that, on December 20, 2014, the Plaintiff Union passed a resolution to revise the management and disposal plan at the ordinary meeting of shareholders, set the scheduled date of removal from June to September 2015, and publicly announced that its members move to May 2, 2015.

C. E and F are owners (E 2/3 shares, F 1/3 shares, and F 1/3 shares) of the above D apartment 2 and 1002 (hereinafter “instant apartment”), and they are members of the Plaintiff’s association, and E and F completed the registration of ownership transfer based on trust in the future of the Plaintiff’s association on February 23, 2015.

On the other hand, G acquired ownership on August 25, 1981 with respect to the apartment of this case, and as G died on September 20, 1999, H acquired ownership by inheritance through an agreement division. E and F purchased ownership from H on June 9, 2005.

E. However, G completed the provisional registration of ownership transfer claim (Seoul Central District Court No. 68364, Aug. 25, 1981) on August 20, 1981 as to the Defendant’s share of 138.87/37,916 (hereinafter “instant share”) out of 24,760,000 square meters of the land of the instant apartment.

F. Since H sold the instant apartment to E and F and completed the registration of ownership transfer, H is obligated to cancel the above provisional registration with respect to the instant apartment site, which is the instant apartment site.

In addition, since it is apparent that the defendant's above right to claim transfer of ownership has passed 10 years, which is the exclusion period of the right to complete the sale reservation, the defendant shall make the above provisional registration to H, who is the heir of G.

arrow