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(영문) 서울고등법원 2016.10.27 2016나1238
소유권확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

From December 3, 1976 to June 13, 1978, Z apartment is a total of 42 multi-family housing complexes constructed in the Gangnam-gu Seoul Metropolitan Government AA, and on the ground of 8,831.9 square meters (hereinafter “instant land”) located in the said apartment complex, the third floor above the ground and the building AB above the second floor was newly constructed as an apartment complex, and the machinery room located in the second floor below the above building was used as a mechanical electric room for Z apartment heating since its new construction.

On June 24, 1986, the council of occupants' representatives of Z apartment purchased the 991.83/7,274 shares among the land in this case and the 3rd floor among the AB buildings and the above mechanical room. At the time, the council of occupants' representatives agreed to remove the Hd Industrial Development Co., Ltd. (hereinafter "Hd Industrial Development") and the AB buildings and newly establish the buildings.

Therefore, the development of the Rid Industry has removed AB building and promoted the new construction of commercial buildings for purposes, such as sales facilities, business facilities, and neighborhood living facilities, on the ground of the instant land with the fifth and fifth underground floors above the ground. On February 29, 1996, the Z apartment council and the council of occupants' representatives agreed to restore ownership by transferring some of the ownership of the building to be newly constructed to the above council of occupants' representatives as to the part owned by the above council of occupants' representatives among the AB building.

(hereinafter “this case’s agreement”). After February 29, 1996, Ldd Industrial Development transferred the above business status to Korea Construction Co., Ltd. (hereinafter “Korea-do Construction”), and Korea-do Construction completed the instant building on the land around February 1999.

At the time of completion, on the 1st floor of the instant building, the indication of the section for exclusive use on the register of 13.725 square meters in the mechanical electric room (hereinafter referred to as “ground electric room”) and on the 1st underground floor of 937.73 square meters in the mechanical electric room on the 1st floor of the ground, the said section for exclusive use is a reinforced concrete structure of AD building No. 002 in Gangnam-gu Seoul.

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