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(영문) 서울서부지방법원 2017.11.17 2016가단245787
소유권말소등기
Text

1. The Defendant (Counterclaim) is the Seoul Western District Court with respect to the share of 1/8 of the real estate listed in the separate sheet to C.

Reasons

1. Around December 30, 1995, the Plaintiff, D, E, F, G, H, I, and J (hereinafter “instant owner”) newly constructed a 19 household unit (hereinafter “instant aggregate building”) on the 11st unit of land owned by the Plaintiff, the E, E, F, G, H, I, and the construction company for the East Industrial Development Co., Ltd. (hereinafter “instant owner”) as a construction company for the East Industrial Development, and implemented the project to make up for the construction cost, etc. as the sales price for the remaining 11 household.

Around February 15, 2002, the instant building owner agreed to own 402 units of the said building (hereinafter “402 units”), H 101 units of the said building (hereinafter “402 units”), G 203 units of G, F 503 units, E 602 units, J 603 units, and D 701 units of the said building, and occupied and used the said units solely from around that time.

With respect to the instant aggregate building, registration of ownership preservation has been completed in the co-ownership (each 1/8 share) of the owner of the instant building according to the entrustment of registration of provisional disposition on March 8, 2002. The registration of site ownership for the relevant site is still not yet completed.

D With respect to 701 of the instant aggregate building, the instant owner filed a lawsuit seeking the registration of transfer of ownership due to the cancellation of a mutual title trust agreement against those other than himself/herself (Seoul Western District Court 2012dada5967) and won the judgment on April 2, 2013. Accordingly, on June 11, 2013, he/she became a sole owner on the registry by completing the registration of transfer of ownership for all the remaining shares other than his/her own shares among the instant condominium No. 701, June 701, 2013.

After that, D completed the registration of transfer of ownership on March 12, 201 with respect to each of 1/2 shares of 701 due to the sale on January 24, 2014 to C and L (hereinafter “instant sales contract”).

Meanwhile, 101, 203, 402, and 502 for the remaining seven households, excluding 701 among the instant condominium buildings.

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