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1. The defendant shall be the plaintiff.
(a) Indication of the annexed drawings, (1), (2), (3), (4), and (1) of the underground floors of the building stated in the attached list;
Reasons
1. Basic facts
A. The Samhee Housing Co., Ltd. (hereinafter “Thee Housing”) newly constructed a building listed in the separate sheet, and agreed to allow several buyers to complete the registration of ownership transfer with respect to each section of exclusive ownership among the section of exclusive ownership listed in the separate sheet of 948.64m2 (hereinafter “instant real estate”). However, unlike the sales contract, the sale contract has completed one preservation registration with respect to the instant real estate and completed one preservation registration with respect to the buyer’s share transfer registration with respect to the portion of exclusive ownership. On December 29, 1997, the Defendant, who purchased SONco among the instant real estate, issued a share transfer registration with respect to the portion of 15.76m2 of the instant real estate.
B. The Defendant asserted that Samhee Housing sold the instant real estate without completing the construction of basic facilities, etc., and filed a lawsuit claiming compensation for damages against Samhee Housing. On April 29, 1999, the Defendant was sentenced to the Seoul District Court Decision 8,565,000 won and the amount calculated by the rate of 5% per annum from May 29, 1998 to April 29, 1999, and 25% per annum from the next day to the date of full payment. The above judgment became final and conclusive thereafter.
(hereinafter referred to as "related judgment"). (c)
Around 201, the co-owners of the instant real estate cut out part of their respective shares, and set up their respective corridors and partitions, and created their respective stores, and the sectionally owned co-ownership relationship with respect to the instant real estate was established. Accordingly, the Defendant’s share in the instant real estate is 12.496 square meters out of the (A) section of the store located in the ship (hereinafter “instant store”) and 49.301 square meters connected each of the instant real estate.
On July 4, 2013, the Plaintiff filed for a share transfer registration with respect to 436.58/64/94 of the instant building. Of the Plaintiff’s share in co-ownership relation, 36.805 square meters out of the instant store among the instant stores.