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(영문) 부산지방법원 2016.10.27 2016가단23409
소유권이전등기말소 등
Text

1. The plaintiff (the counter defendant and the designated party)'s claim on the main lawsuit against the defendant (the counter-party) B shall be dismissed.

2...

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1 through 5 (including a serial number) based on the overall purport of the pleadings.

On September 25, 2000, Defendant C completed the registration of ownership transfer on the ground of sale with respect to D & 238 square meters of land in Jung-gu, Busan (hereinafter “instant land”), and newly built an aggregate building with the name of “Jtel” (hereinafter “instant aggregate building”) with the seven-story size on that ground, and obtained the approval for use on September 18, 2001, each section of exclusive ownership (divided buildings) of the instant aggregate building was registered on the aggregate building ledger.

B. The instant land is wholly used as the site of the instant condominium. On September 21, 2001, Defendant C registered the preservation of ownership of each section of exclusive ownership of the instant aggregate building on September 21, 2001, and registered the right to a site only with respect to the portion of 203.6 percent of the instant land, and the remaining portion of 34.4 percent (hereinafter “instant share”) left in his own name.

C. Of the instant aggregate buildings, with respect to November 17, 2003 and 304, the registration of transfer of ownership due to the sale by voluntary auction in the Plaintiff’s name on November 17, 2003, the registration of transfer of ownership due to the sale under the name of the Plaintiff, between 101 and 103, 201, 402, 503 and 603, the registration of transfer of ownership due to the sale under the name of the selector E on February 6, 2004, 102, 301, 302, 302, 401, 501, 502, and 702, the registration of transfer of ownership under the name of the selector E on February 6, 2004, the registration of transfer of ownership due to the sale under the name of the purchase by voluntary auction between 204 and February 23, 2004, the registration of transfer of ownership under the name of the selector;

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