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(영문) 서울중앙지방법원 2015.04.24 2014가단37673

소유권이전등기

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1. The Defendants shall pay to the Plaintiff each share of 4/114,787.5 of the real estate listed in the separate sheet on April 6, 1993.

Reasons

1. Claim against the defendant Daewoo Construction Co., Ltd. and Tae Chang Enterprise Co., Ltd.

A. Comprehensively taking account of the overall purport of Gap evidence No. 1 and No. 4 as to the cause of the claim, the defendants newly built 22 stories, living facilities, and apartment building B (hereinafter "the building of this case"), on each real estate listed in the separate sheet (hereinafter "the building of this case"), and the plaintiff purchased 601 Dong 1097 (hereinafter "the commercial building of this case") from among the building of this case through New Seoul chain Co., Ltd. on April 6, 1993 in the form of sale. ② The defendants completed the registration of ownership preservation on November 14, 1994 at 1/4 shares, but did not complete the registration of ownership transfer on December 195, 195, the defendants were entitled to separate the right to use the building of this case from the right to use the building of this case and the right to use the commercial building of this case from 200 m24.6 m2, 1967.36 m2, 1964.

Unless there are special circumstances, such as the provision of regulations or notarial deeds, the right to use site in an aggregate building is recognized as a subdivision of sections for exclusive use and subordinate thereto (Article 20(1) and (2) of the Act on the Ownership and Management of Aggregate Buildings). Therefore, the buyer who purchased a section for exclusive use from the constructor of an aggregate building who owns a site ownership and completed the registration of ownership transfer thereof has not completed the registration of ownership transfer concerning the portion of land and public land corresponding to the right to use the site of