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(영문) 대구지방법원 김천지원 2017.02.09 2016가단32694

소유권이전등기

Text

1. The Defendant shall enter the Plaintiffs in the relevant share of land in the separate sheet among the 4538.9 square meters in the Gu, Si, Gu, Si, si, and Gu.

Reasons

1. The Defendant newly constructed H upper price (the second floor, the six households above the ground) and H (the 15th floor above the underground first floor, the 165 household unit below the H apartment) on the part of the Gu and the Gu and the Gu and the Si (the 165 household unit above the ground);

(The date of each building permit, June 7, 1993, and December 16, 1994). The plaintiffs acquired six households from the defendant as shown in the separate sheet. The plaintiffs acquired six households from the defendant.

(1) The plaintiff 1, 2, 4, and 5 purchased at a voluntary auction, and the plaintiff 3 acquired by sale). The land was replaced by the land indicated in the order on June 13, 2005, and the preservation registration was completed on March 7, 2016.

H Sang-si’s total area of the part of exclusive ownership of six households is 272 square meters, and the total area of the part of exclusive ownership of H apartment 167 households is 8958 square meters (74 households with the area of exclusive ownership of 59.48 square meters and 90 households with the area of 59.97 square meters). The total area of exclusive ownership is 9230 square meters (272 square meters and 8958.3 square meters).

Therefore, on December 16, 1994, which is the date of approval for use of HSang and H apartment, the number of apartment buildings and the land indicated in the order shall be deemed to have been subordinate to co-ownership according to the ratio of the size of each household to the total area of the above section of exclusive ownership among the land indicated in each of the above sections of exclusive ownership. Since the plaintiffs acquired the pertinent section of exclusive ownership from the defendant as shown in the separate sheet, as long as he acquired from the defendant each of the above households of H Sang, it shall be deemed to have acquired each of the above shares at the same time. Thus, the defendant is obligated to implement the procedure for registration for transfer of ownership so that the plaintiffs can exercise their ownership smoothly by preparing a

On the other hand, as to the land indicated in the order, 66 households, the area of exclusively owned portion of which is 59.48 square meters and 83 households, the area of which is 49.97 square meters, among the sectional owners of H (multi-family) and 49.97 square meters, have to be divided into H, 8958.3, and the remaining shares in the defendant as of the wind is not equal to 885.1/3 [The share remaining in the defendant] of 895.11/3 [=8.3 8958.3 - (59.48 x 66.9.97 x 83]. However, this is the plaintiffs.