지분소유권이전등기
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
(b).
1. The reasoning for the court’s explanation of this case is as follows: (a) the Defendants’ new arguments in this court are stated in the reasoning of the judgment of the court of first instance, except for the part to be determined additionally under paragraph (2) below; and (b) thus, they are cited as it is in accordance with the main sentence of Article
2. Additional determination
A. The summary of the Defendants’ assertion is that I entered into a lease agreement with the Plaintiffs on land and newly built the instant building on that ground to acquire its ownership (the special agreement that I transferred the instant building to the lessor without compensation upon the expiration of the lease term is null and void in accordance with Article 652 of the Civil Act). The mere formal registration of the preservation of ownership of the building was made in the name of co-owners of the site. Defendant C succeeded to the status of the lease agreement that I entered into with the Plaintiffs by I in the form of KRW 900,000,000, the said building is the sole ownership of Defendant C.
Therefore, the plaintiffs' assertion seeking partition of co-owned property cannot be accepted on the premise that the building in this case is a co-owner of the plaintiffs and the defendants.
Even if Defendant C is not the owner of the above building, the Defendants need to be recognized with the right to purchase the above building.
B. The ownership of a new building is a principle that a person who constructed it in his own effort and materials acquires it at the time of original acquisition.
However, even if a building is completed with one’s own effort and materials, in cases where an agreement is reached between the ownership of a building completed with a building permit granted under another’s name to vest in that building, the ownership of that building shall be reverted to that other person in the original condition (see, e.g., Supreme Court Decision 2011Da47589, Nov. 29, 201). In light of paragraph (1) of a lease agreement entered into between the Plaintiffs and I with respect to the land, the expenses incurred by I for the construction of the instant building shall be reverted to the Plaintiffs.