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(영문) 부산지방법원동부지원 2016.09.21 2016가단200066

소유권이전등기

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 14, 2002, Busan Young-gu entered into an agreement with D fishing village fraternity to newly construct E of the size of the size of the 1st underground floor and the 800th ground floor area of the 2nd floor (including the basic construction that can extend the 3th floor thereafter) in 700 square meters, including the land to be created by reclamation of public waters, and to provide 197 of the above members of the fishing village fraternity among the above members of the fishing village fraternity (hereinafter “original equity holders”).

B. After that, among the original equity right holders and buyers including the plaintiffs (part of the original equity right holders sell their shares to others; hereinafter the original equity right holders and buyers collectively referred to as "right holders"), the first floor and the second floor above the ground shall complete the registration of ownership transfer among the original equity right holders, and the first floor above the ground and the second floor above the ground shall complete the registration of ownership transfer in the future, and the first floor above the ground shall have agreed that the original equity right holders shall complete the registration of ownership transfer in the future with respect to each shop to be preserved and registered as sectional ownership. Accordingly, the Busan Young-gu agreed to this.

(Buyers are not to be transferred directly from the Young-gu, but to be transferred from the seller's right holder (the seller's right holder). (C)

On the other hand, on March 23, 2006, equity right holders constituted a “F Promotion Committee” (hereinafter “Promotion Committee”) to efficiently deal with the issue of new construction or extension of E by opening a general meeting of equity right holders. G, a representative of a fishing village fraternity, was appointed as the chairperson, and H and 14 members.

In addition, in the process of the construction of E, the promotion committee is performing the work such as consultation on the construction method, input materials and the installation of ancillary facilities, etc., which is the contractor, while the contract in the expansion area was made for the construction of the 1st underground floor and the 2nd ground, but it was also included in the basic construction for the extension of the 3rd floor.