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(영문) 서울남부지방법원 2017.06.15 2016가단29900

건물인도 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Gangseo-gu Seoul Metropolitan Government D ground buildings (hereinafter referred to as the “instant buildings”) were newly built on or around January 18, 1993. There are two aggregate buildings for each floor and each floor of the first and fourth floors, and the two aggregate buildings are replaced only by one another, and the size and structure of all other things are the same.

B. However, in the process of creating the aggregate building register after the construction of the instant building, unlike the number of the buildings actually indicated in the entrance of each aggregate building, the respective status of all floors E and Fho Lake buildings were replaced by one another.

C. However, if the current status of the building attached to the change of left and right is excluded, all the entries of each aggregate building register of the instant building and a certified copy of real estate register are identical, which conforms to the actual details of the current building based on the number of houses marked on the entrance.

Accordingly, all owners and tenants of an aggregate building in the building in this case commenced possession and possession of each aggregate building as indicated in the entrance, and based on this, various legal relations have been formed (Provided, That in the case of the fourth floor, the building status of the E and E and F has changed following each other on January 30, 2007, and the building status attached to each aggregate building register was corrected by facing the actual situation through the procedure for correcting the indication of the building).

In the meantime, on February 4, 2015, the real estate clinical auction (Seoul Southern District Court H, hereinafter referred to as the “instant auction”) with respect to 2nd floor E was commenced on the basis of the right to collateral security established by G, which had been the owner of 2nd floor E among the instant buildings, and the pertinent judicial assistant officer who became aware that the current status of 2nd floor E and F was changed on the aggregate building register at the said auction procedure, notified the Defendant of the said fact on July 6, 2015, and changed the actual possession part or changed the current status and register of the building.