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(영문) 서울고등법원 2018.02.09 2017나2047404

소유권이전등기

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1. All appeals filed by the Defendants and the Intervenor are dismissed.

2. The costs of appeal are assessed against the Defendants and the Intervenor Y.

Reasons

1. Grounds for a judgment of the court of first instance which cited the judgment of the court of first instance

1.(a)

5 The part of Paragraph 2 below is revised as follows, and the arguments emphasized or added by this court by the Defendants and the Intervenor Y are as stated in the reasoning of the judgment of the first instance except for the further determination as set forth in Paragraph 3, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part Z and the instant association set up an apartment AH, AI, and the Defendant J P of the instant main complex building among the main complex buildings of the instant case, which were set up by the CA of the instant main complex, but changed the number of units to 3, i.e., office H head, AI head, and AJ head, i.e., office 3 debentures;

Defendant N, at issue, set a lot of main apartment AM of the instant case, but thereafter exchanged with R allocated AX, Defendant N would be supplied with AX, and R would be supplied with AM;

UNFCCC, AO, AP, Q, AR, AS, and CY CZ of this case selected the main complex CB of this case, but thereafter changed it to be supplied with CY.

AT head, AU head, AV head, AW head, AX head, AY head, and AZ head.

3. Additional determination

A. As to the original acquisitor of the instant dispute’s real estate, the Defendants and the Intervenor’s assertion are as follows: (1) The Defendants and the Intervenor’s assertion is as to E (hereinafter “E”).

(2) Since the original acquisitor of the instant main complex building after receiving the instant construction from the Z with his efforts and materials, the original acquisitor of the instant main complex building is not the Z but the ZG. 2) The original acquisitor of the instant main complex building is the Z. 2) In general, a person who constructed a building with his efforts and materials in accordance with the relevant legal principles generally acquires the ownership of the building. However, even if the contractor completes the construction with his own efforts and materials, the contractor and the contractor shall obtain a construction permit under the name of the contractor and the contractor.