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(영문) 대구지방법원 2015.09.18 2014가단51906

소유권이전등기

Text

1. With respect to the Plaintiff’s share of 26.56/3 of 4631, among the 4631.3 square meters in Gyeong-gun, Gyeongbuk-gun, Gyeongbuk-do, the Defendant attached on October 29, 2014.

Reasons

1. Facts of recognition;

A. On June 196, the Defendant completed the apartment complex of the name D, “D” on the ground of 1996, Dagdong-gun, Dagdong-gun (hereinafter “instant land”). On June 17, 1996, the apartment complex register was prepared as to the building on the attached list, one of the above apartment complexes (hereinafter “instant building”).

B. On October 2, 1996, E entered into a sales contract with the Defendant to purchase Nos. 103 1202, 103 among the instant building (hereinafter “instant apartment”), and completed the registration of ownership transfer in its name on February 4, 1997.

However, the defendant completed the land partition rearrangement project for the land of this case after registering the right to a site to E.

After the completion of a land readjustment project, the share of the site of the apartment in this case on the land of this case is 26.56/3 of 4631.

C. E entered into a sales contract with F on April 11, 2005 for the sale of the instant apartment, and completed the registration of ownership transfer in the F on April 13, 2005.

The Plaintiff entered into a sales contract with F to purchase the instant apartment on October 29, 2014, and completed the registration of ownership transfer on October 29, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-12, 2-1-3, 3, and 4-2, and the purport of the whole pleadings

2. Article 60(1) of the Registration of Real Estate Act provides that “Where a person who newly constructed a sectioned building has the right to use a site under Article 2(6) of the Act on the Ownership and Management of Aggregate Buildings, if he/she completes the registration of ownership transfer only with respect to a sectioned building without registering the right to a site, he/she may file an application for registration of ownership transfer with the current owner of the partitioned building, jointly with the current owner of the right to a site.” Paragraph (2) provides that “Where a person who newly built and transferred a sectioned building later agrees to later acquire and transfer the right to use the site of the building,