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(영문) 서울중앙지방법원 2017.09.07 2016가합570669

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 30, 2015, the Plaintiff purchased at KRW 11,216,00,000, 146 above ground D buildings A, B, and Dong buildings (hereinafter “instant building”) on December 6, 2010, through a public sale procedure conducted by the Cocco Asset Trust Co., Ltd. (hereinafter “Cocco Asset Trust”). < Amended by Presidential Decree No. 22507, Dec. 6, 2010; Presidential Decree No. 25035, Dec. 6, 2010>

The real estate of this case 1 and 2 is the land located around the building of this case and used for the parking lot, and the real estate of this case 3 is the land for the parking lot attached to the building of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5 and 6, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. The Plaintiff’s assertion 1) purchased the instant building on September 30, 2015 through the public sale process, and did not include each of the instant real estate, which is a parking lot site, in the subject of sale of the Clucco Asset Trust. However, the instant real estate is a parking lot site for the instant building, and is naturally included in the subject of sale, and if the Plaintiff knew that it was not included, he did not participate in the public sale. The instant real estate is a parking lot for the instant building, which is a site for the instant building, and is an accessory for the instant building, which is its main object. Accordingly, the instant real estate owned by the Defendant was concluded with the Plaintiff on September 30, 2015 as well as the instant building. Accordingly, the Defendant’s assertion that the Plaintiff had a duty to register the ownership transfer pursuant to the sales agreement between the Plaintiff and the Defendant on September 22, 2015, and thus, the Plaintiff did not have any ownership agreement between the Plaintiff and the Defendant on the instant real estate.

In this case.