소유권이전등기
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
purport.
1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are deemed
Therefore, the reasoning for this court's explanation is as follows: (a) Nos. 8, 1, and 2 of the judgment of the court of first instance shall be deemed as follows: (b) Nos. 8, 1, and 2 of the judgment of the court of first instance: (c) “Finally, there is no evidence that the defendant's simultaneous performance defense is contrary to the principle of good faith; (d) the plaintiff's assertion is without merit; and (d) the plaintiff's assertion emphasized in this court is identical to the ground for the judgment of the court of
2. Additional determination
A. According to Article 20(2) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), a sectional owner cannot dispose of the right to use site separately from his/her section of exclusive ownership, and it is possible to dispose of the right to use site exceptionally only if otherwise stipulated by the agreement.
Even after the completion of cadastral adjustment, the Defendant did not register the shares in the instant land. Such Defendant’s act is an invalid juristic act in violation of the prohibition of separate disposition.
Therefore, since new legal effects cannot be asserted on the basis of invalid legal acts that violate the above prohibition of separate disposition, the defendant cannot exercise the right of simultaneous performance defense against the plaintiff.
B. The judgment of the purchaser of an aggregate building is based on the following: (a) the registration of ownership transfer or the registration of change of a right to a site regarding the shares of a site is made at the end of the year after the cadastral adjustment was made; and (b) the registration of ownership transfer was completed to the purchaser only with respect to the portion of exclusive ownership after the registration of ownership transfer was made; (c) the auction procedure for the portion of exclusive ownership was conducted without the registration of