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(영문) 서울고등법원 2017.04.21 2016나2063782
토지소유권이전등기등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Attached Form 1 of the judgment of the court of first instance (A) and the plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is the same as that of the judgment of the court of first instance, except for the following cases, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts in height:

A. On the second page of the judgment of the first instance, “G” in Section 17 is raised to “BI”.

B. On the third part of the judgment of the court of first instance, Defendant A Co., Ltd. is dismissed as “Co-Defendant A Co., Ltd. of the court of first instance,” and thereafter, “Defendant A” is collectively raised as “Co-Defendant Company of the court of first instance.”

C. From 3th to 5th of the judgment of the court of first instance, the following is modified.

2. The Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Act on the Ownership and Management of Aggregate Buildings”) is a principal right that differs from a mere right to possess and use a site in order to own a section for exclusive use as the validity of a sales contract, if a constructor of an aggregate building purchases the site and has not completed the registration of ownership transfer even if he/she has yet to complete the registration of ownership transfer.

(2) Article 2 subparag. 6 of the Act provides that “The right to use a site shall be deemed to fall under the right to use a site.” However, the actual requirements for acquiring ownership shall be met by purchasing a section for exclusive use and a share of the site from the constructor of an aggregate building in the form of sale, and paying the price in full. However, after completing only the registration of ownership transfer for a section for exclusive use, a buyer who has not completed the registration of ownership transfer due to the above circumstances, or a person who has acquired a section for exclusive use and a share of the site from him/her by re-purchasing or donation, etc., or who has acquired a right to use the site by transfer (see, e.g., Supreme Court Decisions 2004Da742, Mar. 10, 2006; 2007Da457

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