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(영문) 서울중앙지방법원 2016.04.25 2014가단267504
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 31, 1971, the registration of initial ownership was completed in the name of E Co., Ltd. on the office, store, and housing consisting of the eightth floor above the ground level of steel reinforced concrete slive roof and the underground floor, and the office, store, and housing consisting of the eightth floor above the steel reinforced concrete slive roof.

On September 19, 1985, the title section of the registry of the instant building (hereinafter referred to as the “instant underground floor”) indicated as including “115.77 square meters in a rooftop tower” in addition to “a amusement facility (specialized restaurant) with an underground floor of 158.50 square meters in an underground room store of 368.50 square meters.” On October 17, 2013, the part of “a rooftop 115.7 square meters in a rooftop tower” was deleted from the title section, and again, on May 16, 2014, the indication of the title section of the registry was corrected as “a store of 210.5 square meters in an underground room of 368.50 square meters in an underground room of an underground room, and an underground floor of 158.00 square meters in an underground floor (specialized restaurant).”

B. On December 18, 200, the Defendants and F completed each registration of transfer of shares of 50.5/158 (Defendant B), 70.4/158 (Defendant C), and 37.1/158 (F) on the ground of trade on December 18, 200. As the shares corresponding to the rooftop area (115.7mm2) was added to the part of the part of the part of the part of the part of the share on December 12, 2001 (=17.7m27) and the shares of 50.5/273.77 (Defendant B), 70.4/273.7 (Defendant C), and 37.77(F).

In addition, on January 31, 2002, G and H completed the principal registration on March 7, 201, on the ground of the pre-sale agreement made on December 5, 2001, each of the 1/2 (=15.7/547.54) shares equivalent to the rooftop area, on the ground of the pre-sale agreement made on December 31, 2002.

After that, on November 4, 2013, the Plaintiff purchased F’s share in the instant underground floor from F, and the same month.

6. The plaintiff completed the registration of transfer of shares in the name of the plaintiff 37.1/273.77.

C. The plaintiff in the process of the lawsuit on the underground floor of this case is the name of G and H.

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