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(영문) 서울고등법원 2013.10.02 2010나99899
소유권이전등기말소 등
Text

1. In accordance with the second preliminary claim added at the trial, Defendant C Co., Ltd., the Plaintiff New Bank, Inc.

Reasons

1. Basic facts

A. The Plaintiff New Bank Co., Ltd. (hereinafter “New Bank”), A, C, D, and E are the owners of each building listed in the attached Table 2’s real estate list (hereinafter “the above Plaintiffs”), and the Plaintiff’s commercial building management body is the management body established under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act on the Ownership and Management of Aggregate Buildings”). The Plaintiff’s commercial building management body is the management body established under the Seocho-gu Seoul Metropolitan Government Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act on the Ownership and Management of Aggregate Buildings”).

On the other hand, around 1980, Defendant 3 was a person who newly constructed and sold the instant commercial building and apartment on the ground of Gangnam-gu Seoul and 14 lots. Defendant G and H did not own a sectioned building in the instant commercial building but registered as holding shares in the said I site. Defendant 3 was a cooperative established for the reconstruction project of apartment constructed and sold at the same time with the instant commercial building, and Defendant 3 was a person who transferred shares in the instant apartment and apartment lot from Defendant 3.

B. Around 1980, Defendant 3 newly built and sold apartment and commercial buildings after obtaining approval for the construction plan for private housing construction with 11 1034 households, 12 stories on the ground of 52,421.157 square meters of apartment among 89,135 square meters of land outside Gangnam-gu Seoul, Gangnam-gu, Seoul, and 14,000 square meters of land for each of the instant apartment and commercial buildings.

(A) The apartment site under the business plan is 49,955.157 square meters and the commercial site is 2.456 square meters. With respect to 14 lots of the above business site, a land readjustment project has been conducted with respect to the above 14 lots of land, and on April 22, 1992, the part on the site of the apartment and the commercial building in this case was replaced with J 30,225 square meters, K 22,197 square meters, and a total of 52,42 square meters. The apartment and the commercial building in this case were newly built on the above 52,42 square meters of land reserved for substitution. Meanwhile, the apartment and the commercial building in this case were 324.3 square meters of land reserved on October 17, 2003.).

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