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(영문) 부산지방법원 2017.07.06 2015가단228283
소유권이전등기
Text

1. The defendant is out of 2912 square meters of land for a factory in Busan Seo-gu M.

A. Plaintiff A, B, C, and G respectively share 59.858/2178/2178.

Reasons

1. The facts subsequent to the facts do not conflict between the parties, or found in Gap evidence Nos. 1- 3 (including a serial number; hereinafter the same shall apply) and Eul evidence No. 1 by reference to the whole purport of the pleadings. A.

A new apartment construction (1) The N Housing Association (hereinafter referred to as the “N Housing Association”) is a regional housing association established to implement the project of newly constructing and selling an apartment of 12 stories and 85 households above ground (hereinafter referred to as the “instant apartment”) on the land of 2912 square meters for the land in Busan Seo-gu, Busan (hereinafter referred to as the “instant land”).

(2) The N Housing Association shall accept the trust of each of the instant land from its members, and completed the registration of ownership transfer with respect to the instant land between November 8, 2002 and May 12, 2003.

(3) On June 7, 2003, the N Housing Association: (a) obtained the approval of the housing construction project plan of the instant apartment from the head of the Si/Gu of Busan Metropolitan City on June 7, 2003 by designating the O Co., Ltd. (hereinafter “O”) as joint business proprietor; and (b) around August 2003, O was performing the new construction project of the instant apartment from around February 2003; and (c) was stopped on February 200

(4) On May 21, 2004, the N Housing Association again made P Co., Ltd. (hereinafter “P”) joint business operators (hereinafter “P”), obtained approval for the change of the housing construction project plan from the head of the Busan Metropolitan City Nowon-gu Office, and P performed the new construction work of the instant apartment from around that time to December 21, 2007, but failed to obtain approval for the use (use inspection).

B. The Plaintiffs’ acquisition of sectional ownership (1) As to each of the instant apartment buildings from July 2, 2010 to July 14, 2010, the registration of preservation of ownership in the name of the N Housing Association was made upon a request for provisional disposition registration or a subrogation application for provisional registration of the claimant for ownership transfer registration. The instant land was also registered with the land which is the object of the site ownership.

(2) Q Q is from the N Housing Association the exclusive ownership area of the apartment of this case 59.

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