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(영문) 창원지방법원 2018.02.22 2017나56206

소유권이전등기

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff was sold in lots from the E-Land Partitioning Association (hereinafter “Land Association”) to D apartment 803, which is located in C at the window of Changwon-si, Changwon-si (hereinafter “instant apartment exclusively for exclusive use”). On December 7, 1992, with respect to the portion exclusively for exclusive use of the instant apartment, the same year is applicable.

6.23.Completion the registration of ownership transfer by reason of sale.

B. On December 9, 1998, a land cooperative completed the registration of ownership transfer with respect to C, 1503.1 square meters of the window of Changwon-si, Changwon-si, which is the site of the above D apartment (hereinafter “instant site”), and the defendant completed the registration of ownership transfer with respect to the share of 24.564/1, 1503 of the instant site on October 1, 2008.

C. From the completion of registration of ownership preservation in the name of the land association with respect to the instant site until January 2014, most of the instant D apartment units were registered in the future of the sectional owners in the above D apartment units, and the registration of ownership transfer and the registration of the right to a site was completed on September 25, 2014 with respect to the remainder of shares (21.43/1503/150) owned by the land association. On September 25, 2014, the registration of ownership transfer and the registration of the right to a site was completed on the ground of the acquisition of the portion of exclusive ownership as of January 27, 2005.

As a result, the registration of site ownership was completed in whole with respect to the remaining shares except the defendant's above co-ownership among the land in this case.

As of the date of closing argument of this case, only the apartment of this case owned by the Plaintiff remains.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, 7 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The plaintiff finally purchased the part of exclusive ownership of the apartment of this case pursuant to Article 20 of the Act on Ownership and Management of Condominium Buildings (hereinafter "the Aggregate Buildings Act"), and thus, the plaintiff acquired the right to use the site of this case.