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(영문) 서울동부지방법원 2018.05.18 2017가단138822
소유권이전등기
Text

1. The Plaintiff’s claims against the Defendant (Appointed Party), Appointor B, C, and D are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Appointer D is a 1/2 share holder of the land in Seoul Special Metropolitan City, Nowon-gu, 185 square meters (hereinafter referred to as the “instant land”); the Appointer B; B; C; and the Defendant (Appointed Party) are one-six share holders of the instant land (the bid on February 10, 2014).

Na (hereinafter referred to as "designated parties" and the defendant (appointed parties) are all defendants, etc.).

On June 7, 2017, the Plaintiff acquired ownership by winning a successful bid of the F Building No. 101 on the first floor located on the instant land (hereinafter “instant building”).

[Reasons for Recognition: Descriptions in Evidence A Nos. 1 and 2]

2. The parties' arguments and the judgment on them

A. The Plaintiff asserted as the cause of the instant claim. ① The Plaintiff acquired the ownership of the instant land, which is a subordinate right to the sectional ownership over the instant aggregate building by acquiring the ownership of the instant building, and there was an implied agreement between G and the owner of the instant building, who was the owner of the instant building, and Defendant D and H, to recognize the right to use the instant land internally around August 2005, and thus, the Plaintiff, who purchased the instant land in the auction procedure, acquired the ownership of the instant land in the instant case. ② The Appointed, C, and the Defendant (Appointed) obtained the ownership of the instant land in the auction procedure, and ② the Appointed, C, and the Appointed, as the co-ownership of the instant building on March 11, 2014 as the owner of the instant land, did not file a lawsuit on the merits even after receiving the provisional disposition of prohibiting the disposal of the instant building on March 11, 2014. At the time, Defendant D and Nonparty H, the creditors of the said building development industry, applied for a compulsory sale procedure, without exercising the Plaintiff’s right to use and management of the instant building.

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