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(영문) 서울동부지방법원 2017.11.23 2016가합110558
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a cooperative consisting of merchants in the E market created in the E market in the E-dong, Chungcheongnam-si (hereinafter “Cdong”) D, and the Defendant is the Plaintiff’s member.

B. F Co., Ltd. (hereinafter “F Co., Ltd.”) purchased I land from H Co., Ltd. on April 2002 and sold it to the said ECo, Ltd. after dividing it into fifty two parcels from I to J. The transfer of ownership from each parcel was immediately completed from H Co., Ltd. to the buyer.

C. Each of the particulars of partition of K and L land shall be as follows:

1) The division on June 25, 2002 and the division on June 25, 200 with K 340 square meters for owners’ change (hereinafter “first land”).

(2) On July 9, 2002: Live 330 square meters, the ownership transfer registration based on the sale on March 30, 2002, is completed under the name of the defendant on July 9, 2002 (hereinafter “second-party land”).

(2) On July 9, 2002, each registration of transfer of ownership was completed on March 30, 202 under the name of the Defendant on May 12, 2006, and each registration of transfer of ownership was divided on December 22, 2005 under the name of the Defendant on May 12, 2006 (the owner is still the Defendant even after the division) divided into Nanx 149 square meters on June 5, 2007, and on November 14, 2014, the land listed in Tables 2 and 4 as the land listed in Tables 1 and 16 square meters on November 14, 2014, by dividing the Plux 16 square meters into the land listed in Tables 1 and 16 (3).

D. The Nonparty Company filed a lawsuit against the Defendant for the claim for the sale price (hereinafter “related cases”) on the ground of the claim that “the Nonparty Company constructed a building on the ground of the second land sold in lots by M, but the Defendant subsequently purchased the second land and the ground building from M and paid the purchase price directly to the Nonparty Company.”

The above court rendered a decision in lieu of conciliation on August 30, 2007, and the above decision became final and conclusive on September 22, 2007, and among them, this case.

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