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(영문) 서울중앙지방법원 2016.07.21 2015나47425
청구이의
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff (appointed)'s claim is dismissed.

3. Seoul Central District Court.

Reasons

1. Basic facts

A. P on April 26, 2002, the Plaintiff (Appointed Party) and the Appointor O acquired the ownership of the instant land. P on April 26, 2002, the land of this case is the land of this case.

(2) G purchased the instant land from P on April 6, 2007, and completed the registration of ownership transfer on April 19, 2007.

3) The plaintiffs (appointed parties) and POO (hereinafter referred to as "the plaintiffs (appointed parties") and Appointors are all plaintiffs et al.

A) On April 30, 2008, the Plaintiff (Appointed Party) purchased the instant land in a voluntary auction procedure and acquired 3/4 share ownership, and 1/4 share ownership by the Appointed Co., Ltd. (hereinafter “the instant building”). G and H acquired the ownership of the instant building on September 2005, P newly constructed the instant land on the ground of “4-story in the instant land, 79.97 square meters on the first floor, 157.87 square meters, 127.75 square meters, 127.75 square meters, 109.32 square meters, 14.98 square meters, 14.98 square meters on the ground of the instant land” (hereinafter “the instant building”).

On September 20, 2005, registration of ownership preservation was completed in the name of P on the instant building.

2) G completed the registration of ownership transfer on April 19, 2007 on the instant building based on sale on April 6, 2004. 3) H purchased from G on May 11, 2007 127.75/616.79 shares of the instant building, and completed the registration of ownership transfer on November 19, 201.

4) As a result, G acquired the ownership of 489.04/616.79 shares in the instant building, and H acquired the ownership of 127.75/616.79 shares in 127.75/616.79 shares in the instant building. (c) The net I purchased shares of 157.87/616.79 shares in the instant building newly constructed from P on May 14, 2004 among the instant building that was newly constructed at the time, and paid the purchase price around that time.

2 G purchased the instant building from P succeeds to the seller’s status under the said sales contract concluded between P and net I on May 11, 2007, and on the portion of the instant building among the instant buildings.

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