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(영문) 춘천지방법원 2016.05.20 2015나4430
소유권이전등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. Facts of recognition;

A. A building listed in the attached list No. 2 (hereinafter “existing building”) consists of one Dong and one dong, and L, the owner of which, around December 1998, extended a warehouse listed in the attached list No. 1 (hereinafter “instant building”) adjacent to the front side of the existing building and entered the fact that the building was extended in the existing building ledger on December 16, 1998, by reporting the extension on December 2, 1998.

B. H purchased the real estate auction procedure (Sacheon District Court main support M) in progress with respect to the existing building, and completed the registration of ownership transfer on February 6, 2004. Furthermore, the Plaintiffs purchased the real estate auction procedure (Sacheon District Court main support G, hereinafter “instant auction”) in progress with respect to the existing building, and paid the sale price in full on November 25, 2013.

C. Meanwhile, on October 10, 2012, H, while continuing the instant auction procedure, separated the instant building from the existing building ledger, and completed the registration of ownership preservation on October 11, 2012, and completed the registration of ownership transfer to I on the same day.

On November 23, 2012, the registration of establishment of a neighboring building in J was completed. D.

After purchasing the existing building, the Plaintiffs filed a lawsuit against H, I, and J seeking the registration of initial ownership, the registration of ownership transfer, and the cancellation of the registration of establishment of a neighboring mortgage on the instant building (Sacheon District Court 2014Gadan30000). On February 5, 2015, the Plaintiffs were incorporated into the existing building and all of the existing building and building ledgers for ten years before the completion of the registration of initial ownership preservation, after the construction of the instant building. In fact, Non-Party N used the restaurant in the name of “O” on the first floor, etc. of the existing building.

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