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(영문) 인천지방법원부천지원 2017.12.21 2017가단107980
소유지분권이전등기
Text

1. The Defendant Korea Land Trust Co., Ltd. shall be 3178.1/10 of each real estate listed in the separate sheet to Defendant F Co., Ltd.

Reasons

1. Basic facts

A. On February 27, 2004, Defendant Korea Land Trust Co., Ltd. (hereinafter “Defendant Korea Land Trust”), the purpose of which is to manage and preserve the ownership of each real estate listed in the separate sheet owned by Defendant F (hereinafter “instant site”) with Defendant F Co., Ltd. (hereinafter “Defendant F”), and entered into a management trust agreement with the first beneficiary of trust principal and trust proceeds as new corporation (hereinafter “instant trust agreement”). On February 28, 2004, the registration of ownership transfer was completed based on the said trust agreement.

B. On November 30, 2004, Defendant F constructed an officetel G, which is an aggregate building of 15th and 3th underground floors (hereinafter “the instant officetel”) on the instant site, and on November 30, 204, the registration of ownership preservation in Defendant F’s name was completed with respect to the entire instant officetel in accordance with the decision of provisional attachment No. 2004Kadan9989 at the Incheon District Court Branch Branch Office, Incheon District Court Decision No. 2004Kadan989, but the ownership registration in the instant site was not completed.

C. Defendant F’s failure to pay taxes, the public auction procedure was conducted with respect to the instant officetel 106 and 107. In the above public auction procedure, Plaintiff A and B purchased the instant officetel 106, Plaintiff C, D, and E on April 20, 2017. On the same day, Plaintiff A, C, D, and E completed each registration of ownership transfer with respect to each of 1/3 shares of the instant officetel 106 among the instant officetel 107.

Of the instant site, the site ownership ratio referred to in the instant officetel 106 is 12.26 percent of each 3178.1 percent (hereinafter “each co-ownership of the instant officetel 106”). The ownership ratio of the instant officetel 107 is 15.7 percent of each 3178.1 percent (hereinafter “each co-ownership of the instant officetel 107”; and each co-ownership of the instant officetel 106 and 107 is “each co-ownership”).

[Reasons for Recognition] There is no dispute.

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