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(영문) 서울중앙지방법원 2016.04.08 2015나61124

소유권이전 및 대지권변경등기

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. As to the buildings listed in the separate sheet (hereinafter “instant building”), the transfer registration for ownership was completed in the future from C on September 13, 1982, from D on November 23, 1984, from D on November 23, 1984, and from E on December 24, 197, from E on December 24, 1997.

The defendant purchased the building of this case from F on September 8, 2007 and completed the registration of ownership transfer on October 29, 2007.

B. On the underground of the instant building, there is an independent residential space consisting of two partitionss, one kitchen, and one toilet.

(B101 and hereinafter “instant underground section”) Around August 1991, the Plaintiff filed a move-in report at the domicile of the instant building (I-101) and the actual lot number was corrected on November 14, 2001 at the domicile of the instant underground section (I-B101).

C. Meanwhile, with regard to the underground floor portion, ① is indicated as “a 128.60 square meters in underground room” in the details of the entire building of the aggregate building in which the instant building is located, and ② is indicated as “a 15.93 square meters in underground room” in the details of the building of the instant section for exclusive use of the instant building, and ③ is also indicated as “a 15.93 square meters in underground room” in the details of the building of another section for exclusive use (201) with the same consent

【Ground of recognition】 The fact that there is no dispute, entry of Gap evidence 1, 2, 5, and 6, each entry of evidence Nos. 1 (including paper numbers), Gap evidence Nos. 7 and 8, the purport of the whole pleadings and arguments

2. The parties' assertion;

A. The Plaintiff asserted 1) around July 1982, H purchased the instant underground portion from D, which was the owner of the instant building, and on February 8, 1991, the Plaintiff purchased from H the instant underground portion of KRW 32 million and received delivery on March 30, 1991. The Plaintiff trusted that H was entitled to dispose of the instant underground portion through the existing sales contract with D, which was presented by H, and purchased the instant underground portion through a real estate brokerage office, for more than 20 years from March 30, 191, which was the time of delivery.