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(영문) 서울중앙지방법원 2013.10.10 2013가합47939
소유권이전등기
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1. Of the instant lawsuit, the part of the claim for performance of the procedure for ownership transfer registration is dismissed.

2. The plaintiff's separate sheet shall be as stated in the separate sheet.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective descriptions set forth in Gap evidence Nos. 1, 2, and 3, and Eul evidence No. 1 (including each number), and the whole purport of the pleadings:

The plaintiff newly constructed the building B located in Suwon-si, Suwon-si, the main building, and the 31 store listed in the separate sheet (hereinafter referred to as the "each of the stores of this case") among the two stores of this case was completed on September 16, 2003 in each of the plaintiff's names.

B. Among each of the instant stores, each of the stores listed in Section 1, 2, 16, 17, 19, 20, 25, 26, and 27 of the separate sheet was sold to C on June 12, 2007 upon the voluntary application for auction by the Suwon Livestock Industry Cooperatives. The store was sold to the Defendant on February 9, 2010 via Gaspa et al. (hereinafter “Gaspa”)

C. Among each of the instant stores, each of the stores listed in paragraphs 3 through 7 of the separate sheet was sold to D on July 20, 2007 upon the application for voluntary auction by Han Bank Co., Ltd., and was sold to the Defendant on February 9, 2010 after NAS test.

Among each of the instant stores, each store listed in Articles 11 and 29 of the separate sheet was sold to E on June 12, 2007 upon the application for voluntary auction by a new bank, a stock company, and was sold to the Defendant on February 9, 2010 after NAS test.

E. Among each of the instant stores, each of the stores listed in Articles 8, 9, 10, 12, 13, 14, 15, 18, 21, 22, 23, 24, 28, 30, and 31 of the separate sheet was sold to the Defendant on February 14, 2008 due to the disposition of arrears in the sphere of Suwon-si, and sold to the Defendant on February 9, 2010.

F. At present, the Defendant is operating a toy large store on the second floor of the instant commercial building.

(g) Relevant provisions 1) Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the Aggregate Buildings Act);

Article 1-2 (Section 1 of Section 2 of the Commercial Building is divided into several parts of the building in the following ways:

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