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(영문) 서울동부지방법원 2016.08.11 2014가단133499
소유권이전등기의말소등기
Text

1. As to the Plaintiff’s share of 1/5 shares in the network of real estate in the attached list, Defendant E, Defendant F, and G.

Reasons

1. Basic facts

A. The Defendants are the successors of J (hereinafter “the deceased”) who died on October 23, 2014, and Defendant E is the wife of the deceased, and Defendant F, G, H, and I are the children of the deceased.

B. Around 1985, the Deceased purchased part of the above four parcels of land, including the Seongdong-gu Seoul Metropolitan Government 307 square meters, L 83 square meters, M 86 square meters, N 56 square meters, and N 56 square meters, and purchased three bonds on the ground of the above four parcels of land (hereinafter collectively referred to as “O-dong land and building”), and around 1995, the above address was included in the area subject to redevelopment. As the above address was included in the area subject to redevelopment, the deceased made a registration of transfer of ownership on the ground of donation or sale to P or H, who is the 4 lots of land owned by himself for the purpose of selling the apartment to the maximum extent possible.

In addition, on March 12, 1998, the deceased completed the registration of ownership transfer for reasons of sale on March 10, 1998 with respect to the above Odong building 3, K, and L-ground buildings, and on September 18, 1997, the N-ground buildings completed the registration of ownership transfer for reasons of sale on September 8, 1997 to Defendant G, and on August 13, 1993, M-ground buildings completed the registration of ownership transfer for reasons of donation to Defendant H on August 12, 1993.

C. As the prices of O-dong land and buildings were included in Q housing redevelopment area, the deceased, P, Defendant F, G, H, I, I, and the Plaintiff were the redevelopment partners. As such, six persons, including the deceased and the Plaintiff, Defendant H, F, G, G, and I, were recognized as the so-called “public share-sharing unit” from the above redevelopment partnership and the construction company, and were treated as having jointly purchased one unit of 42-type apartment units.

After completion of new construction of apartment units due to the redevelopment project on March 20, 2004, the redevelopment project partnership completed registration of the ownership preservation of the co-ownership share in the name of 143 members of Seongdong-gu Seoul Metropolitan Government with respect to the land of 1219.9 square meters within the redevelopment project area on March 20, 2004.

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