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(영문) 인천지방법원 2016.03.31 2015가단47333
소유권이전등기절차이행
Text

1. As to shares 221.02/2104.8 square meters in Yeonsu-gu Incheon Metropolitan City I, 2104.8 square meters,

A. Defendant B is the Plaintiff on March 14, 2009.

Reasons

1. Following the facts of recognition are as follows: (a) between the Plaintiff, Defendant D, E, F, and G, each of the above Defendants’ confessions in accordance with Article 150(1) of the Civil Procedure Act; and (b) between the Plaintiff, Defendant B, and H, the entire purport of the pleadings Nos. 1 through 4 may be considered.

Of the 2104.8 square meters in Yeonsu-gu Incheon Metropolitan City I, the registration under the name of the defendant B as to the 221.002/8 square meters in the name of the defendant B with respect to the 221.002 square meters in the name of the defendant B) J, and K on November 5, 1994 to the defendant B on November 5, 1994.

The registration of ownership transfer was completed on November 4, 1994 with respect to the portion of 221.002/2 of 2104 among the land in this case. (2) Defendant B completed the registration of ownership transfer for Nonparty B on December 5, 1994 with respect to the portion of 221.02/2 of 2104 of the land in this case, and completed the registration of ownership transfer for Nonparty B on August 8, 1996 for the reason of sale as of July 30, 1996.

B. The Plaintiff’s ownership of the part of exclusive ownership of the aggregate building 1) The building listed in the attached list constructed on the ground of the instant land (hereinafter “instant section of exclusive ownership”).

On February 24, 1993, the registration of the division of aggregate buildings was completed on November 5, 1994, Defendant B completed the registration of the transfer of ownership with respect to the instant section for exclusive use on June 2, 1995, and N completed the registration of the transfer of ownership with respect to the instant section for exclusive use on April 23, 2009.

C. Around May 25, 2010, the deceased’s death and inheritance-related net L was killed, and Defendant C, D, E, F, G, and H inherited the deceased’s status as 1/6 shares.

2. Determination

A. Article 20 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act") stipulates that the right to use the site of a sectional owner is subject to the disposition of his section of exclusive ownership, and the sectional owner is not otherwise stipulated by the regulations, unless otherwise stipulated by the regulations.

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