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(영문) 대전지방법원 2019.05.02 2018나107174
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2.(a)

Defendant B shall share 61.5/2463 of the land listed in attached Table 1 to Defendant C.

Reasons

1. Basic facts

A. On December 6, 1982 with respect to the land listed in the attached Table 1 (hereinafter “instant land”), the registration of alteration was completed on August 5, 1983 by changing the above 14 co-ownership to co-ownership.

B. On the instant land, an aggregate building listed in attached Form 2 (hereinafter “instant aggregate building”) was constructed around 1983.

Of the instant condominiums, the registration of ownership transfer was completed on September 1, 1983 on September 1, 1983 with respect to the 65.72 square meters of the Ddong's reinforced concrete building (hereinafter "the instant store"), and the registration of ownership transfer was completed on October 10, 1983 in Defendant C, and the registration of ownership transfer was completed on May 24, 1984 with respect to Ddong E-dong reinforced concrete building 49.71 square meters (hereinafter "the instant E").

In the registry of the instant store and the instant subparagraph E, the instant aggregate building stated in the column for “the indication of the land subject to the site right” and “the indication of the land subject to the site right” in the column for title section, but the “mark of the site right” did not indicate any description of the type of the site right, the proportion of the site right, etc.

C. The share of co-ownership corresponding to the site ownership ratio of the remaining sections of exclusive ownership, excluding the store of this case and the subparagraph E, among the land of this case, was completed each time each section of exclusive ownership is traded between August 1, 1983 and May 1986, and the registration of the site ownership for the building of this case was completed as a whole on July 21, 1986.

With respect to the store and subparagraph E of this case, on March 28, 1985, the "right to collateral security" of the mortgagee H of the right to collateral security is the "right to collateral security."

Although this was established, at the request of H, the Plaintiff was awarded a successful bid on November 1, 1985 in the voluntary auction procedure commenced on July 13, 1985.

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