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(영문) 서울북부지방법원 2011.07.22 2010나6183
소유권이전등기 말소 등
Text

1.The judgment of the first instance shall be modified as follows:

Defendant C shall provide the Plaintiff B with the real estate indicated in the attached list 2, 3.

Reasons

1. Basic facts

A. The Plaintiffs and E, F, G, H, and I (hereinafter “Plaintiffs, etc.”) received a subcontract from J for some of the new construction works of multi-household housing, including each real estate listed in the separate sheet (hereinafter “each real estate of this case”).

(hereinafter “instant construction project”). B.

On the other hand, the plaintiff et al. transferred the ownership of the Seoul Central District Court 2005Gahap84230 on August 17, 2004 to the plaintiff et al. on the part of the Seoul Central District Court 2005Gahap84230, and the J transferred the ownership of the plaintiff et al. on August 17, 2004 to the plaintiff et al., so the plaintiff et al. filed a lawsuit claiming the transfer of the ownership of the above fourth floor multi-household house to the plaintiff et al. and won the judgment as a confession. Based on the final judgment, the plaintiff et al. completed the transfer registration of each share in the name of the plaintiff et al. on August 17, 2004 on the ground of payment in kind on August 17, 2004.

C. After that, Plaintiff B completed the registration of ownership transfer under Defendant C’s name on July 23, 2007 with respect to one seventh portion of each of the instant real estate on the ground of sale and purchase as of July 23, 2007, as the Dobong District Court of Seoul Northern District on August 14, 2007, as of receipt No. 66457, and Plaintiff A completed the registration of ownership transfer under the name of Plaintiff C with respect to one seventh portion of each of the instant real estate as to E, F, G, and H’s portion among the instant real estate as of January 19, 2009.

Defendant C and its son, each of them possessed the first real estate listed in the separate sheet (hereinafter “instant first real estate”) and delivered the said first real estate to the Plaintiffs on October 2010 by a provisional execution ruling of the first instance court.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 14-1, 2, Eul evidence 25 and 27-3, the purport of the whole pleadings

2. The assertion and judgment

A. The Parties’ assertion.

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