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(영문) 인천지방법원 2018.01.17 2017가단224165
토지
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On May 13, 2002, the Defendant acquired the ownership of the instant land (five lots, five lots, and one thousand square meters in total) by winning a successful bid in the auction procedure on May 13, 2002, and then acquired a provisional report on November 6, 2002 (hereinafter “provisional report”).

2) On November 7, 2002, the Defendant and Gashe transferred the ownership of 1/2 of them to the aggregate building (hereinafter “instant building”) by converting the general building existing on the instant land into an aggregate building (hereinafter “instant building”) and constructing 17 sections of the building, and completing registration of ownership preservation by 1/2 of shares in each sectional building.

3) At the time of registration of ownership preservation, registration was completed to the effect that each of the instant buildings has a right to a site for the instant land according to the ratio of the area of the section for exclusive use. The registration was completed to the effect that all co-owners’ share in the instant land is a right to a site for the instant building. (B) The instant building was extended from December 7, 2004 to 983.79 square meters on or around December 7, 2004, the first floor was extended from 958.54 square meters to 93.25 square meters, and the second floor was extended from 910.23 square meters to 937.25 square meters on or around 910.23 square meters on or around 910.25 square meters on the underground second floor was destroyed

(Then, the second underground floor was used as a parking lot for the instant building. In the process, the section for exclusive use under 101 square meters from 175.91 square meters to 251.12 square meters, the section for exclusive use under 102 square meters from 84.950 square meters to 236.91 square meters, and the section for exclusive use under 203 square meters from 126.73 square meters to 14.65 square meters, and the section for exclusive use under 105 square meters was newly constructed with the section for exclusive use under 114.95 square meters, and the registration under 105 square meters was completed on April 19, 2005.

2) Although the above section of exclusive ownership was extended under 101, 102, and 203, the site ownership on each section of exclusive ownership on real estate registration was not changed, and the site ownership on the section of exclusive ownership under 105 was not established. 3) As such, when the section of exclusive ownership under Article 201 of the building of this case was destroyed on December 7, 2004, the corresponding section of exclusive ownership (41.22/16 of the land of this case) is the site ownership.

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