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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff asserts as follows regarding the lawsuit of this case. A.
On March 25, 2013, the Plaintiff, Defendant, D, E, and F, who are sectional owners of six multi-households above 278.3 square meters in Gwangjin-gu Seoul Special Metropolitan City, agreed to remove existing multi-households and newly construct ten households in multi-households.
B. A newly-built multi-household house is 3 households of 2 stories, 3 households of 2 stories, 22 households of 4 stories, 3 households of 5 stories, and 201 units of 201 among them (49.76§³ of exclusive ownership) and 401 units of 401 units of E, 203 units of 203 units of exclusive ownership (59.27§³ of exclusive ownership) are the Defendant, 301 units of 302 units of 59.47 square meters of exclusive ownership (59.50 square meters of exclusive ownership), 302 units of 403 units of 403 units of 403 units of 202, 202 units of 402 and 402 units of 402 units of 49.25 square meters of common ownership at the time of registration of initial ownership (49.87 square meters of exclusive ownership), and each of the above units of 202 units of 501/5241 square meters of 25.7 units of 19.42.42.42.
C. On May 13, 2014, four members, other than the Defendant, appointed E as a liquidator’s representative. All members held a general meeting on June 2, 2014 to sell 501 to the Plaintiff at KRW 260,000,000. As such, the Plaintiff purchased No. 501 from E who became a general partner due to the appointment as a liquidator’s representative.
Accordingly, each member is obligated to implement the procedure for ownership transfer registration with respect to his/her co-ownership, and E, D, and F completed the ownership transfer registration with respect to each of their own co-ownership on June 10, 2014 under the Plaintiff’s name. However, the Defendant did not implement the procedure for ownership transfer registration with respect to the instant share, and accordingly, filed the instant lawsuit
2. Even based on the Plaintiff’s assertion of judgment, the Plaintiff and the sales contract are concluded with respect to the instant shares.