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(영문) 서울북부지방법원 2016.11.01 2016나30331
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. With respect to the Plaintiff’s share 1/16 out of the 743m2 in Dobong-gu Seoul Metropolitan Government, the Defendant is on 205.

Reasons

1. Facts of recognition;

A. There are two household units with one square meter in Dobong-gu Seoul Metropolitan Government D, five hundred square meter in E, and 743 square meter in C, and two 16 households with two row houses (hereinafter “instant apartment houses”) on each land on which the said land is indicated (hereinafter “each of the instant land”). Of the instant apartment houses, F is located in 7 households, D, E, and H is located in 9 households, and the building register on the F’s section of exclusive ownership is registered in D, E, and C only as its lot number in the building register on the building’s section of exclusive ownership.

B. As to each land of this case, which is the site for which the registration of an aggregate building was not made with respect to the instant apartment house, it is registered as 16 co-ownership shares in the same way as the number of sections for exclusive use in the instant apartment house without registering the land which is the object of the right to the site, and it is acquired 1/16 shares

C. Accordingly, on November 29, 1983, the Defendant purchased F 2 (1st floor 62.25 square meters, underground room 26.91 square meters, hereinafter “instant section for exclusive use”) from I and completed the registration of ownership transfer with respect to the instant section for exclusive use on November 30, 1983, and completed the registration of ownership transfer with respect to the 1/16 shares out of each of the instant land. D.

On August 5, 2005, the Plaintiff signed a sales contract with the Defendant to purchase the instant section for exclusive use with his mother as his agent (hereinafter “instant sales contract”), paid 20 million won out of the purchase price, and completed the registration of ownership transfer as to shares of 1/16 out of the instant section for exclusive use and D, and E through the M judicial scrivener office on August 19, 2005.

After several months, the Plaintiff’s mother is found in the above certified judicial scrivener office, and the Plaintiff’s mother is less than 1/16 of the C’s land.

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