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(영문) 대법원 2017.11.29 2016다237851
토지인도
Text

The appeal is dismissed.

The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The summary of the defendant (Counterclaim Plaintiff; hereinafter "the defendant")'s claim is that the plaintiff (Counterclaim defendant; hereinafter "the plaintiff") who is the owner on the certificate of registration of the share in the land of this case, claims the removal of the above building and return of unjust enrichment equivalent to the land rent against the defendant who is the owner on the certificate of registration of the share in the land of this case, based on ownership, against the defendant who is the owner on the certificate of registration of the ownership of the building of this case. Since the building of this case constitutes the aggregate building as stipulated in the Act on Ownership and Management of Condominium Buildings (hereinafter "the Aggregate Buildings Act"), the right to use the land of this case is established, the right to use the land of this case is against the prohibition of separate disposal of the building site and building under the Aggregate Buildings Act. Therefore, the plaintiff is obligated to transfer the ownership of the land of this case to the defendant, not the owner of the land of this case, and if the building of this case is not the aggregate building, the registration of the aggregate building of this case is null and void.

2. The lower court comprehensively assessed evidence as to whether the instant building constitutes an aggregate building stipulated in the Aggregate Buildings Act, and (1) registered the instant building as an object of ownership at the time of the new construction by A, but as to reduce acquisition tax and registration cost, divided registration of the instant building into aggregate buildings with each floor as object of partitioned ownership. The building for which the existing building among the instant building was constructed has been extended.

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