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(영문) 의정부지방법원고양지원 2017.08.09 2016가단17913
소유권이전등기
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) are dismissed.

2. Due to the principal claim.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) constructed an aggregate building on the ground of each land listed in the separate sheet No. 1 (hereinafter “instant No. 1”) listed in the separate sheet No. 2, and the land listed in the separate sheet No. 2 in the separate sheet No. 1, and the land listed in the separate sheet No. 2, including the instant land and the instant land No. 1 and the instant land No. 2, listed in the separate sheet No. 3, and completed the registration of initial ownership as to each sectional building under the separate sheet No. 16922, Mar. 29, 2004.

B. D on March 29, 2004, sold the real estate listed in the separate sheet No. 3 (hereinafter “the instant building”) among the above aggregate buildings to E, and completed the registration of ownership transfer to E as the receipt No. 19238, Apr. 7, 2004.

C. After that, on May 18, 2009, the registration of ownership transfer was completed to F on the ground of sale by voluntary auction, and on December 3, 2009 to Defendant C on the ground of sale and purchase, each registration of ownership transfer was completed to Defendant C in sequence. On December 18, 2013, the registration of ownership transfer was completed for each of 1/9 shares among 3 others, including G, etc. on the ground of sale and purchase on December 18, 2013.

The Plaintiff awarded a successful bid for the instant building in the Goyang-gu Seoul District Court H real estate auction, and paid the full purchase price on May 11, 2016.

The above auction procedure is called "the auction procedure of the real estate in this case".

E. Meanwhile, while the land No. 1 in this case was owned by D, the procedure for compulsory auction was commenced, and Defendant B thereafter completed the registration of ownership transfer as to the land No. 1 in this case under the receipt No. 21605 of April 8, 2009 as the Goyang-gu Seoul District Court's High Branch Office for the reason of sale due to compulsory auction.

F. In addition, the defendant C on January 30, 2009 and the same year

2.9. Each purchase and sale contract was concluded between each owner of the instant land and each owner of the instant land, and the said contract was based on each of the above sales contracts around that time.

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