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(영문) 의정부지방법원 2016.04.07 2015나52900
공유지분 이전등기 말소
Text

1. Revocation of a judgment of the first instance;

2. As to the Plaintiff’s share in the attached list of real estate.

Reasons

1. Presumed facts

A. In early 1994, the first 36 members of the FF association (1) established the FF association and the registration of replotting (hereinafter “F association”) decided to purchase the site of the D Housing Site Development District D in Seoyang-gu, Seoyang-gu, Seoyang-gu (hereinafter “Korea Land Corporation”) from the Korea Land Development Corporation (hereinafter “Korea Land Corporation”) in order to change its title into “Korea Land Development Corporation” and re-issue it into “Korea Land Corporation”; hereinafter “Korea Land Corporation”) and to newly construct the 7th and second underground E-commercial buildings (hereinafter “the instant building”).

On May 26, 1994, the above members purchased one parcel of land from the Korea Land Corporation, which is the L, M, and N3 lots of land in the housing site development zone (the indication of land on the register before land substitution is 264m2, 000m2, 276m2, Q, and 276m2) for each 12 members of the Korea Land Corporation.

(2) Since then, the Defendant acquired the status of the purchaser of the land and the members of the Korea Land Corporation as to the relevant shares (in the case of R, the area shall be eight square meters, the ownership shall be eight square meters, and the area shall be six square meters, and in the case of S, the area shall be six square meters, and the ownership shall be six/82) from the first member of R and S, and the co-defendant C (hereinafter “C”) of the first instance court acquired the status of the purchaser of the land and the members of the Korea Land Corporation as to the relevant shares (the area shall be six square meters, the ownership shall be six square meters, the ownership shall be 6/82, and the ownership before the instant replotting shall be referred to as “the ownership before the instant replotting”).

(3) On April 22, 1996, the above D three lots of land is “H site”, “I site”, and “J site” in the following order: H 261.8 square meters and I 274.4 square meters and J 274.3 square meters and less than J 274.3 square meters: (a) the said three lots of land is combined with the said three lots of land.

Each substitute registration has been completed.

B. On May 195, 195, 32 of the initial members of the building of this case and new construction of the building of this case and initial members of the building of this case shall enter into a co-owned property partition contract and determine the floor, number, size, etc. of the above members of this association and the right to site shall be the land at the time when the substitute registration for the

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