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(영문) 수원지방법원안산지원 2016.02.16 2015가단22731

소유권이전등기

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1. As to the share of 19/7/320 of the 3,220.7 square meters in the members of Ansan-si, Ansan-si:

A. Defendant E.N.C.

Reasons

1. Facts of recognition;

A. The Defendant Company Epio Co., Ltd. (hereinafter “Defendant Company”) is the seller who completed and sold D on the ground of 3,220.7 square meters in Ansan-si, Ansan-si. Defendant B is the seller who purchased the above D’s No. 102 (hereinafter “instant building”) from Defendant Company on December 15, 2003 by setting the exclusive area of 4.8 square meters.

B. On January 7, 2004, the Defendant Company completed the registration of ownership preservation with respect to the portion of exclusive ownership of the instant building under the name of the Defendant Company, and completed the registration of ownership transfer with respect to the portion of exclusive ownership of the instant building on February 27, 2004 when the registration of ownership transfer was not completed with respect to the portion of exclusive ownership of the instant building.

The plaintiff was awarded a successful bid of the section for exclusive use of the building of this case during the auction procedure of Suwon District Court E Real Estate Forest Construction Assistance E and completed the registration of ownership transfer on August 24, 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 2, 4 through 7, purport of the whole pleadings

2. The judgment of the seller of an aggregate building has completed the registration of transfer of ownership or the registration of change of a site ownership to the buyer of an aggregate building at the end of the year following cadastral adjustment, and the registration of transfer of ownership with respect to the first section of exclusive ownership was completed only after which the registration of transfer of ownership or change of a site ownership was not made. If a third party was awarded a successful bid of an exclusive ownership as a result of the auction procedure for the section of exclusive ownership without a registration of transfer of ownership or change of a site ownership, the successful bidder acquires the right to use the site under Article 2 subparagraph 6 of the Act on the Ownership and Management of Aggregate Buildings

Therefore, as a result of the acquisition of the right to use the site, the successful bidder is seeking to complete the registration procedure for transfer of ownership against the seller and the buyer in sequence through the buyer, or against the buyer.