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(영문) 서울서부지방법원 2015.09.16 2015가합34192
말소등기에 대한 승낙의 의사표시
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs entered into the instant sales contract with F on July 16, 2006, the sum of five parcels, including G, H, I, J, and K, in 1,308.1 square meters (hereinafter “the land before the instant partition”), between F and F, Seoul, and the Plaintiffs omitted the entry of the “Seoul, Yongsan-gu L” when specifying the land.

F) Of the land in this case, an area corresponding to F’s 152.69 square meters (46.19 square meters, and 60/514 square meters, registered in the name of F among the land before the instant subdivision, which is part of the specific part that F exclusively occupied and used.

(2) The Plaintiff concluded a sales contract with the Plaintiff to purchase KRW 52.21 square meters (15.5 square meters) of the instant I’s land at KRW 800 million (hereinafter “instant sales contract”).

(2) On September 29, 2006, the Plaintiffs decided that F would have the right to purchase the shares of approximately 18 million won per square year with respect to the shares acquired when F would win a lawsuit for correction of ordinary water, while paying the purchase price to F, and that F would have the right to purchase the shares of KRW 14 million per square year. 2) The Plaintiffs completed the registration of transfer of ownership on September 29, 2006 with respect to each share of KRW 30/514 of the land before the instant subdivision and the above single-story house, based on the instant sales contract.

B. F’s claim for ownership transfer registration against other co-owners 1) F was rendered a favorable judgment on October 28, 2005 (Seoul Central District Court Decision 2003hap68760) against M, N,O, P, Q, Q, R, T, and U’s succeeding intervenors, V, W, and X’s succeeding intervenors, Y, Z’s succeeding intervenors, S, N, AA, and AI, seeking the implementation of the procedure for ownership transfer registration on the ground of termination of title trust, against AC, AD, AE, AE, AF, AF, AH, and AI (Seoul Central District Court Decision 2003hap68760). However, the appeal was not made by the Seoul High Court and the final appeal were dismissed on October 28, 2005 (Seoul High Court Decision 2005Da38760, May 26, 2006).

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