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(영문) 서울중앙지방법원 2017.09.12 2015가단5053820
소유권이전등기
Text

1. The plaintiffs' primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 1987, K newly built the buildings indicated in the attached list, which are the neighborhood living facilities and the housing of the fourth floor above the ground surface (hereinafter “instant building”). On the ground surface of the Dongjak-gu Seoul Metropolitan Government (hereinafter “instant land”), the first floor was registered with permission for the use of the parking lot and shelter, the first floor, the second floor, the office and the housing of the third floor, the fourth floor, and the fourth floor, but each of the instant units was leased to 3 households on the first floor (B01, B02, B03) and 4 households on the first floor (101 households on the convenience, 102, 103-1, 103-2, 103-2, 201, 202, 301, 302, 301, 302, 301, 401, 301, 404, 301, 401, 401, 304, 301).

B. While the building of this case was leased to some of the 13 households of the instant building, around 1988, the building of this case was at the risk of going beyond auction due to the payment of K around 1988. Of the persons who were the lessee of the instant building at the time, 11 persons indicated in the attached Table “registration of the building” in the “registration of the building” in the attached Table (hereinafter “co-owners of the building”) collected the sales amount and purchased the instant building from K and owned co-ownership shares on July 16, 198.

C. On the other hand, on March 30, 1989, with regard to the land in this case, a real estate sale and purchase renovation contract (Evidence A No. 4-1) entered into with 12 persons listed in the column for the land name in the sheet in the Seoul Trust Bank, the transferor M, N, and transferee (hereinafter “land co-owners”), respectively. On June 17, 1989, the ownership transfer registration was filed for the co-owners of the land on December 30, 1989, with 1/12 shares of each of the co-owners on December 30, 1989. The Plaintiff D transferred the shares of the O and P building among the co-owners of the building in this case.

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