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(영문) 서울고등법원 2014.09.03 2014나3575
소유권이전등기
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's primary action is dismissed.

B. The defendant

Reasons

1. Basic facts

A. The Plaintiff is a company that constructed and sold new distribution apartments by the head of Seocho-gu Office on June 27, 2003 in order to promote a housing reconstruction project consisting of the members of the first unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit

B. The original Seoul Gangnam-gu distribution 279-5 and 76 lots (hereinafter “the land before reorganization”) became the land of this case on March 19, 1986, following the merger and division rearrangement.

On July 10, 1976, the defendant acquired the ownership of the land before reorganization and entered into a contract for sale in lots with the first buyer on June 4, 1977, and completed the registration of ownership transfer on the land before rearrangement, and as shown in the attached Table from June 28, 197 to December 30, 197, the first buyer completed the registration of ownership transfer in proportion to the ratio of the area of the portion of exclusive ownership to 19,896/5 of the total land before rearrangement, and around that time, the registration of ownership transfer was completed with respect to the relevant portion of exclusive ownership.

However, the Defendant’s remaining shares 171.5/20,067.5 (hereinafter “instant shares”) among the land before reorganization was left in the name of the Defendant, and the same is also applicable to the instant land.

C. On September 30, 1986, the enforcement of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act") on April 11, 1985, the ownership registration for the first apartment was completed for the portion (19,896 shares) other than the shares of this case among the land of this case on September 30, 1986.

In the indication column of land which is the object of the right to a site in the aggregate building register, the land of this case is stated separately in the register of land of this case as the defendant owns the shares of this case.

The first apartment for new distribution is 28 square meters (exclusive area 73.36 square meters).

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