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(영문) 서울중앙지방법원 2018.06.05 2017가단5074128
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. D, etc. was rendered a judgment in favor of some of the parties on June 29, 2012 in a claim suit, such as ownership transfer registration filed against E, etc. (this Court 201 Gohap59839).

The Plaintiff participated in the appellate court (Seoul High Court 2012Na70069) as a successor to D and was sentenced to a judgment to change the judgment of the first instance on July 22, 2016. On November 29, 2017 (Supreme Court Decision 2016Da40088), the judgment of the said appellate court became final and conclusive on November 29, 2017.

(hereinafter “Prior Judgment”). The facts and judgment that became final and conclusive in a prior judgment are as follows.

1) Pursuant to the order of each of the lands listed in the separate sheet, including the land stated in the purport of the claim (hereinafter referred to as “instant claim lands”), the “each of the instant lands” is collectively “each of the instant lands.”

F, etc. for the owners of the instant tenement house, F, etc. remove existing tenement houses and new tenement houses (hereinafter referred to as “instant tenement houses”).

A) A resolution was adopted to reconstruct the instant site. The Seocho-gu Seoul Metropolitan Government G-232 square meters (hereinafter “instant site”) adjacent to each of the instant site is the same as the instant site.

2) The instant apartment house was constructed as an aggregate building with sectional ownership around June 1994.

Therefore, each of the instant sites and the instant adjoining sites were incorporated into a legal site of the instant apartment house, which is an aggregate building, around June 1994, and accordingly, the right to use the site was established according to the ratio of the section for exclusive use by each of the divided households of the instant apartment houses.

3. As of June 1996, each of the instant tenement units with the establishment of the right to use the site for each of the instant tenement units, the original purchaser of each of the instant tenement units acquired the ownership of each of the instant housing units as the right to use the site in proportion to his exclusive area for the total area of 3,233.45 square meters, respectively.

Therefore, June 1996.

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