logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2016.12.13 2014가단114879
대지권 지분이전 등기 청구의 소
Text

1. On April 27, 201, Defendant Samsan Industries Co., Ltd. receives the following share of land fromO:

Reasons

1. Facts of recognition;

A. The Plaintiff acquired the Plaintiff’s section of exclusive ownership from B, H (Defendant), I, and N (Defendant) and transferred ownership registration under this Court’s receipt on August 30, 1990.

B. The Plaintiff owned four co-owners of the above section of exclusive ownership in Ansan-si P 1384.2 square meters of land relationship with respect to the site. The ownership transfer registration was made to the Plaintiff on August 30, 1990 received on August 30, 1990.

O registered the transfer of ownership on April 27, 201 to the owner of a part of the site and the remainder after registering the transfer of ownership of a part of the site to the owner of the section of exclusive ownership.

[No dispute over the facts verified by register (A. 1 and 2)]

2. Determination

(a) Article 20 (Indivisibility of Section for Exclusive Use and Right to Use Site) (1) A sectional owner’s right to use site shall follow the disposition of section for exclusive use he/she owns.

(2) No sectional owner may dispose of the right to use site separately from his/her section of exclusive ownership.

Provided, That this shall not apply where otherwise provided by the regulations.

(3) The prohibition of separate disposition under the main sentence of paragraph (2) shall not be effective against a third party who has acquired a real right in good faith unless the purport thereof is registered.

B. In the instant case, comprehensively taking account of the purport of the entire argument as to Gap evidence No. 7, it is recognized that the Plaintiff’s right to use the site was established for the Plaintiff’s exclusive ownership since the Plaintiff’s exclusive ownership and the ownership of the site

Therefore, although the right to use the site cannot be disposed of separately from the section for exclusive use, the above four persons, as the right to use the site to the part for exclusive use by the plaintiff, have disposed of the ownership to theO separately, so the registration of transfer of ownership in the name of the defendant Samsan Industrial Co., Ltd., which acquired after

The defendant Sam Il-il Industrial Co., Ltd. claims to acquire the good faith.

arrow