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(영문) 의정부지방법원 2018.11.15 2018가단2141
지료청구의 소
Text

1. From January 17, 2017 to the Plaintiff, the Defendant owns the Plaintiff’s share of land in the attached Tables 1 and 2.

Reasons

1. Facts of recognition;

A. On February 6, 2009, registration of preservation of ownership was completed in the name of E with respect to each section of exclusive ownership on the aggregate building with 10 households in Namyang-si, Namyang-si, and D ground collective housing.

B. However, with respect to each section of exclusive ownership other than Fho Lake (attached Form No. 3; hereinafter the exclusive ownership of multi-family housing is specified as heading room) among the above multi-family housing, the registration of site ownership was completed with 96.7/7/967 of each right to site ownership, with respect to each section of exclusive ownership other than the above multi-family housing, as the land which is the object of the right to site ownership (each of the land listed in the attached Table No. 886m2 and D large-scale 81m2 (hereinafter the “each of the instant land”).

C. Meanwhile, after the completion of the registration of transfer of ownership on February 23, 2005 and January 6, 2006 with respect to C, each joint establishment of mortgage was completed on July 3, 2006; December 27, 2007; January 30, 2008; May 6, 2008; and June 9, 2008.

On December 11, 2009, the defendant completed the registration of ownership transfer relating to 96.7/967 shares and F out of each land of this case.

After all, on July 4, 2016, nine persons, including the Plaintiff, etc. (I, J, K, L, M, N,O, P, the Plaintiff) acquired the ownership of 870.3/967 of E and the Defendant’s ownership of 96.7/7/967 shares in the real estate register for each part of exclusive use except subparagraph F, and the ownership transfer registration of the Plaintiff et al. was completed in the real estate register for each part of exclusive use except subparagraph F.

According to the Supreme Court's registration record reading service, Qho J, Sho K, Tho L, U M, N, Whox N, Who-O, Do floor X P and Y, and all separate registrations listed in title section were cancelled.

E. On December 21, 2016, the Plaintiff entered into a sales contract to purchase part of the above eight shares, including I, among each of the instant land, and on January 16, 2017.

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