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(영문) 부산지방법원동부지원 2016.12.20 2016가단202109
소유권이전등기
Text

1. From among the first real estate listed in the attached list to the plaintiff A;

A. As to Defendant C’s 3/7 shares:

B. Defendant F and G are each 2.3

Reasons

1. Claims against Defendant D and H

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against Defendant E and I

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

3. Claim against Defendant C, F, and G

A. (1) On April 6, 199, Plaintiff A purchased No. 4 of the 2nd floor store and one unit of office (hereinafter “instant building”) located in Nam-gu, Busan (hereinafter “the instant building”) located in the Nam-gu, Busan, from the GJ (AJ on August 15, 2002, Defendant C, the wife, and Defendant F and G inherited 2/7 shares) on April 6, 199, and completed the registration of ownership transfer as to No. 4 of the instant building on April 28, 199, but the registration of ownership transfer as to No. 4 of the instant building was not complete. i.e., the public land portion corresponding to No. 4 of the instant building, which falls under the attached list.

(2) On April 6, 199, Plaintiff B purchased Nos. 3 and 11 of the instant building from the GJ on April 6, 199 and completed the registration of ownership transfer as to Nos. 3 and 11 of the instant building on the 28th of the same month. However, part of the land portion falling under subparagraph 3 of the instant building, i.e., the portion of the instant building, i., the portion of the public land, i.e., the portion of the instant building’s land portion falling under subparagraph 11, i.e., the portion of the instant building’

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 10, Eul evidence 1 to 3, the purport of the whole pleadings

B. We examine the determination on the cause of the claim. Unless there are special circumstances such as the sectional owner’s right to use the site in an aggregate building is determined otherwise by the regulations or notarial deeds, it is recognized that the section for exclusive use is subordinately indivisible with the section for exclusive use (Article 20(1) and (2) of the Act on the Ownership and Management of Aggregate Buildings). Therefore, a section for exclusive use is purchased from a constructor of an aggregate building with a site ownership

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