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(영문) 서울중앙지방법원 2018.06.08 2016가단5253467
소유권보전등기말소 및 소유권확인
Text

1. The part concerning the claim for confirmation of ownership among the instant lawsuit is dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. On October 19, 201, the Plaintiff concluded a sales contract with D Co., Ltd. to purchase unregistered buildings, which were newly constructed on the E and one parcel and its ground from D Co., Ltd. for the purpose of constructing a hotel between D Co., Ltd. and the Defendant, for approximately KRW 64.7 billion. At its own expense, the Plaintiff would create a commercial building on this connecting channel according to the terms and conditions of permission obtained by building a passage connecting hotels constructed on the ground and the F Co., Ltd. to the F Co., Ltd., and the Defendant agreed to consent thereto.

(hereinafter “instant special agreement”). B.

According to the instant special agreement, the Plaintiff completed the extension of 516.1 square meters on the B underground floor outside Seopo-si and one parcel owned by the Defendant with the construction cost incurred around June 2016, based on the permission for extension granted by the Defendant as the owner of the building (hereinafter “G hotel”) (hereinafter “instant extension”), and completed the extension of 516.1 square meters on the B underground floor outside Seopo-si and one parcel outside Seopo-si and its ground around that time.

C. On March 29, 2003, the Defendant completed the registration of ownership preservation (hereinafter “registration of ownership preservation”) in the name of the Defendant on March 29, 2003, as to the F building with the size of the two stories above the ground and five stories above the ground (hereinafter “instant F building”). As the extension of the instant extension portion on the two stories below the ground of extension on October 12, 2016, the Defendant completed registration of change in the indication column with the content that changed the area of the two stories below the ground from the 21,080.5 square meters below the ground for the extension on October 12, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The Plaintiff determined the claim for ownership verification. The extension of this case was an independent real estate, and the Plaintiff acquired it at the original time, and is a separate independent building under the name of the Plaintiff.

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