logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.09.26 2016가단35416
토지인도
Text

1. The defendant shall deliver to the plaintiff (appointed party) each building listed in the separate sheet Nos. 1 and 2.

2...

Reasons

1. Basic facts

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties are sectional owners who received the real estate listed in the separate sheet, which is an aggregate building (hereinafter “instant building”) from each successful bidder or the successful bidder, or who transfer ownership from each other.

Ownership C 202, Plaintiff (Appointed Party), 302, 303, and 501, each ownership of Nos. 304, 401, and 502, each ownership of Nos. 402, E. 403, Selection G, H 301, and each ownership of No. 1404.

The Defendant indicated in paragraph (1) of the attached list among the instant buildings [Attachment 1 drawings indicated in attached Table 1 drawings, (1), (2), (3), (4), and (1) of the building in the order of each point, shall be 28 square meters in a ship (hereinafter “instant 101”).

[) Buildings listed in paragraph (2) of the attached Table and attached Table 2 [Attachment 2 drawings indicated in the attached Table 1, 2, 3, 4, and 8.26 square meters inboard connected with each point in sequence (hereinafter “the instant rooftop bank”).

[2] Article 3(1) of the former Act

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination:

A. Article 10(1) of the Act on the Ownership and Management of Aggregate Buildings provides that the section for common use belongs to the co-ownership of all sectional owners: Provided, That the section for common use which is obvious that only some sectional owners have offered for the common use belongs to the co-ownership of all sectional owners. Whether the section is a section for common use or a section for common use belongs to the co-ownership of those sectional owners. In principle, it shall be determined at the point of time when the whole building was completed and registered as an aggregate building in the building ledger as an aggregate building. Accordingly, it shall not affect whether the section for common use is a section for common use or not, and the issue of which portion is provided for the public use of all or some of the sectional owners, unless there is a special agreement between the owners.

arrow