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(영문) 서울중앙지방법원 2010.09.10 2009가합101119
소유권이전등기말소 등
Text

1. Each of the plaintiffs' lawsuits against Defendant G, H, and F reconstruction Association shall be dismissed.

2. The plaintiffs' defendant corporation.

Reasons

1. Basic facts

A. On March 20, 1982, the Plaintiffs are shop owners who purchased a store in the commercial building located within the Seocho-gu Seoul Metropolitan Government J site before the division from Defendant Samho, who is the selling company, and the Defendant reconstruction association is the association established to reconstruct “M apartment” on the land J, K, and L.

B. In order to reconstruct M apartment, an apartment building owner and commercial building owner had a rebuilding consultation, but they did not reach the negotiation due to the difference in economic interests, and each of the above sites was divided key, the apartment owner filed a partition lawsuit (Seoul Central District Court 2003Gahap45156) against the commercial building owners including the plaintiffs.

As a result, on April 26, 2007, JJ 21,827 m2,538.4 m2,538m2 among JJ 21,827m2 is established for the co-ownership of the owners of commercial buildings, including the plaintiffs, Defendant 3, G, and H. As a result, the above part was registered in installments on December 7, 2009 with I large 2,538m2.4m2.

C. Meanwhile, the defendant reconstruction association filed a lawsuit against Defendant C, a selling company, to register the transfer of ownership (Seoul Central District Court 2006Gahap64448) with respect to some of the shares out of L land. On August 1, 2007, the defendant reconstruction association rendered a decision of recommending settlement with the content that the claim of the defendant reconstruction association is accepted as it is. The decision became final and conclusive on August 21, 2007 and completed the registration of transfer of each of the above shares in the name of the defendant reconstruction association around that time.

[Ground for Recognition: Facts without dispute, Gap 2-1, Gap 2-3, Gap 10-10, the purport of the whole pleadings]

2. The assertion and judgment

A. The plaintiffs asserted that part of the share of the land in the commercial building which they should have transferred to the plaintiffs who are the buyers at the time of the sale of the above commercial building was omitted, and that defendant G, H, and reconstruction association obtained the registration of the shortage without the cause, in subrogation of defendant G, H, and reconstruction association, they seek to cancel the registration of the share transfer against the defendant G, H, and reconstruction association on behalf of defendant G, H, and reconstruction association.

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