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(영문) 수원지방법원 2015.12.08 2015가단11737

소유권이전등기

Text

1. The defendant Korea Land and Housing Corporation shall be 1.9832.2.9832.

Reasons

1. Basic facts

A. On November 1, 2002, the Korea Land and Housing Corporation (the Defendant Korea Land and Housing Corporation comprehensively succeeded to the property and claims of the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act on October 1, 2009; hereinafter referred to as the “Defendant Corporation”) sold to C general commercial land B2-17 and 764.5 square meters (the B-757.4 square meters (the date of completion of subdivision rearrangement on June 29, 2006) in the land development project zone of Masung-si, the Korea Land and Housing Corporation sold the land to C on November 26, 2002.

(2) The Defendant Company succeeded to the rights and obligations under the sales contract for the instant land from C, and the Defendant Corporation consented to the succession of the above rights and obligations on July 31, 2003.

(3) The Defendant Company paid the full purchase price of the instant land to the Defendant Corporation by October 7, 2003.

B. (1) Around October 7, 2003, the Defendant Company completed the registration of the collective building register as an aggregate building upon obtaining approval for the use of the instant land from the Defendant Corporation, by entering into a contract for the construction of the instant building with the free construction company, which constructs a new building with three underground floors and ten floors above the instant land (hereinafter “instant building”) on the following grounds: (a) the construction of the instant building was completed on July 5, 2005, by entering into a contract with the free construction company; and (b) the use of the instant building was approved.

(2) On July 1, 2005, the registration of ownership preservation was completed in the name of the defendant company for each commercial building, which was divided into the section of exclusive ownership as to the building of this case on the part of the creditor's subrogation application against the defendant company.

(3) Of the instant building, the Defendant Company sold the ownership of the building site on the section for exclusive use and the sales contract. Of the instant building, the fifth floor No. 503 square meters of the instant building (hereinafter “instant 503 square meters”) did not sell the building, and thus, the ownership transfer registration is made in the name of the Defendant Company on September 15, 2005.