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(영문) 서울중앙지방법원 2017.03.24 2016가단5045048
소유권이행 및 말소 청구의 소
Text

1. The Defendant Han Asset Trust Co., Ltd. is paid KRW 270,770 from the Plaintiff, and at the same time, Defendant B was paid KRW 270,770. Nov. 1, 2010.

Reasons

1. Basic facts

A. F owned each of the buildings on the ground of 35.7 square meters in Jung-gu Seoul, Jung-gu, Seoul, and Defendant B owned each of the buildings on H 61.8 square meters in Jung-gu, Seoul, Jung-gu (hereinafter “instant land”). However, each of the buildings owned by F and Defendant B was a joint use of the stairs part of each of the buildings owned by F and Defendant B, and it was an externally connected-type building that appears to be the same as that of one unit.

B. F-owned building and the stairs of the building owned by Defendant B were located at the entrance stairs of the first floor, and the upper part were located on the ground of the F-owned land. The first floor warehouse and the said stairs were located on the ground of the land owned by Defendant B.

C. In around 2002, Defendant B tried to remove the instant land building prior to the partition owned by it, and build a new building at the location of the previous building back from the edge of the previous building. In the event of the removal of all the Defendant B-owned buildings, the reflection of the previous stairs used jointly would be lost, and thus, it may cause considerable inconvenience to the use of the F-owned building.

On March 15, 2002, F and Defendant B agreed to transfer to F the part of the warehouse of the first floor owned by Defendant B, and each point of the attached Form 1, 5, 6, 7, and 1, which are the part of the above stairs, among the parts used in common, to F and Defendant B, the part at which they connected, to F, the 1st floor, 5th floor, 9.7 square meters, 2nd, 9.7 square meters, 3rd, 9.7 square meters, 4th, 9.7 square meters, 9.7 square meters, 9.7 square meters, and 9.7 square meters, 5th, 5th (hereinafter “instant building”).

(hereinafter “instant agreement”) e.

However, on June 8, 2007, if Defendant B did not implement the instant agreement, F filed a lawsuit against Defendant B with the Seoul Central District Court seeking the implementation of the procedure for the registration of ownership transfer regarding the part of the instant agreement, and sentenced Defendant B to a judgment for claimant (hereinafter “related judgment”) on October 23, 2007.

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