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(영문) 서울서부지방법원 2018.08.22 2017가단215080
소유권이전등기
Text

1. As to each 1/46 shares of the real estate listed in the separate sheet No. 2 list, the Defendants listed in the column for the transferor listed in the separate sheet No. 4 shall be the Defendants.

Reasons

1. The following facts may be acknowledged in full view of the overall purport of the pleadings between the Plaintiff and the Defendant C, D, E, F (24), G, H, I, J, K, L, M, N,O, P, and Q. The remaining Defendants are deemed to have led to confession under Article 150(3) and (1) of the Civil Procedure Act.

A. Seoul Mapo-gu R and S Co-owners removed the apartment houses on the above ground on June 2003, and then form an association for the purpose of a reconstruction project to newly build a new apartment house (hereinafter “instant association”), and entered into a reconstruction project agreement with the U.S. Co., Ltd. (hereinafter “U”) operated by the Defendant T (hereinafter “U”).

The main contents of the above reconstruction project are that U has constructed an officetel with only the prescribed shares of the site necessary for the implementation of the project as a reconstruction project implementer and only the prescribed shares of the building site necessary for the implementation of the project from its members, and the general sale except the shares of the union members is sold by units on behalf of the above members

B. U on June 28, 2003, “Defendant V and 47 (the total of 48 persons, including Defendant 1, 6-48, 64, W, X, and Y, are the owner of the building)” and “Seoul Mapo-gu Z, AAA, R, S, and AB” (hereinafter “instant officetel”). W and Defendant B were co-owners of the said AA and AB site, and Defendant B did not participate in the said reconstruction project. Since the instant reconstruction project site was excluded from the foregoing site, the owner of the building on September 9, 2005 changed the name of the owner of the building to “Defendant V and 45 other (excluding the above Z site owner X, X, andY)”. D.

On April 12, 2004, the "AC", operated by the defendant T, was followed by U under the above reconstruction project agreement and completed the instant officetel on November 2, 2009.

E. AD association has received a decision to prohibit provisional disposition on real estate in respect of each of the households of the instant officetels with the right to claim the registration of creation of additional facilities against some of its members as the preserved right.

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