소유권이전등기
1. The plaintiffs' lawsuit against the defendant D is dismissed.
2. The plaintiffs' claims against defendant E are dismissed.
3...
1. Basic facts
A. A promotion enterprise corporation purchased the Seocho-gu Seoul Metropolitan Government H land and each of the instant land, etc. from the Seoul Metropolitan Government around 1979, and newly built and sold I apartment (hereinafter “instant apartment”) and J (hereinafter “instant commercial building”).
B. Regarding No. 2 of the instant commercial building constructed on the Seocho-gu Seoul Metropolitan Government H ground, Defendant D completed the registration of ownership transfer on April 14, 1987 due to the sale as of April 13, 1987, and Defendant E completed the registration of ownership transfer on April 15, 2005 due to the sale as of March 18, 2005. The Plaintiffs completed the registration of ownership transfer on the same day (Plaintiff A3/5 shares, Plaintiff B, and 1/5 shares, respectively) due to the sale as of April 28, 201.
C. Each of the instant shares in each of the instant lands is registered under Defendant D’s name.
Each of the instant lands is being used as the instant apartment parking lot, etc.
[Grounds for recognition] Evidence Nos. 1 through 6, the purport of the whole pleadings
2. Determination as to the claim against Defendant E
A. The Plaintiff’s assertion is the land used as the parking lot of the instant apartment and commercial building, which is subject to the right to use the site as stipulated in the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”).
However, the Plaintiff acquired the ownership of each of the instant shares, which are the share of the land corresponding to the said section of exclusive ownership, since it was sold in the auction procedure for real estate rent.
Therefore, Defendant E, the former owner of the second floor in the commercial building of this case, is obligated to implement the procedure for the registration of ownership transfer for each of the shares in this case to the plaintiffs.
B. According to Articles 2 and 4 of the Act on the Ownership and Management of Aggregate Buildings, a site for an aggregate building is a land (legal site) on which one building to which a section for exclusive use belongs or a statutory site.