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(영문) 서울동부지방법원 2017.11.28 2017가단118996
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached real estate list.

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

Reasons

1. Facts of recognition;

A. nine housing associations including C Housing Association, and ten association including D Rebuilding Housing Association were established to jointly implement apartment construction projects in Seongdong-gu Seoul Metropolitan Government E. (hereinafter “Allied Housing Association”).

B. On November 8, 1996, the Plaintiff’s decedent G entered into a sales contract with the Union on the real estate listed in the attached real estate list (hereinafter “instant real estate”) and paid 65,848,000 won to the Union.

C. A on October 4, 1997

The registration of ownership preservation was completed in the name of each 1/10 of shares of the instant real estate in the name of the constituent association of the Union following the completion of apartment complexes, etc. as stated in paragraph (1). On October 13, 1997, the registration of ownership preservation was made only for the relevant section of exclusive ownership, and on April 10, 1998, Seongdong-gu Seoul Metropolitan Government H large 23612 square meters (hereinafter “instant land”) was registered as an indication of land subject to site ownership.

After all, nine cooperatives, such as C Housing Association, etc., shall additionally state the ownership registration of 5.94/216378 of the land of this case, D reconstruction Housing Association shall register ownership of 1723.09/2 of the land of this case, and I and J shall complete the ownership registration of 3.65/2 of each of the land of this case, and in relation to each of the above registrations, it shall state that "the title holder whose purport of housing site right is not registered is unclear, and shall be computerized as one of the registrations."

In addition, the registration of site ownership was completed on the remaining co-ownership shares except the above shares among the land in this case.

E. After that, the shares of the above J among the land of this case were transferred to K on February 24, 2004, and the shares were entirely registered as a site ownership.

F. Some of the shares of 1723.09/240 on the instant land of the D Rebuilding Housing Association are transferred from April 12, 2004 to March 30, 2007 due to the reversion or sale of trust property or the successful bid, as shown in the separate sheet of change of shares.

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