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1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
Reasons
1. Facts of recognition;
A. On July 19, 1979, J newly constructed L Building in the form of sectional ownership (hereinafter “instant building”) on the ground of Yeongdeungpo-gu Seoul Metropolitan Government, Seoul Metropolitan Government, which is one’s own ownership (hereinafter “instant land”). On July 19, 1979, after completing preservation registration on the instant building, sold the sectional ownership right to the instant building, and completed the registration of ownership transfer on part of the instant land along with the registration of ownership transfer on the instant sectional ownership.
B. When the Act on the Ownership and Management of Aggregate Buildings (hereinafter “ Aggregate Buildings Act”) was enacted on April 10, 1984 by Act No. 3725, and the ownership registration system under the Registration of Real Estate Act was newly established, on October 20, 1986, the registration of an aggregate building was completed with respect to the instant building. On the same day, the registration of an aggregate building was completed with respect to the remaining co-ownership, excluding the J-owned 497.18/3,739 shares and M-owned 16.03/3,739 shares among the co-ownership of the instant land.
C. On July 27, 1987, J completed the registration of ownership transfer for shares of 33.05/3,739 shares in the instant land owned by it, among shares 497.18/3,739 shares, under N’s name, and for shares 3.05/3,739 shares in the instant land, and for shares 132.23/3,739 shares, the registration of ownership transfer for each trade was completed under O’s name. As to the remaining 331.90/3,739 shares, J completed the registration of ownership ownership for the instant building. At the time, J owned the first floor No. 121, 223, and 224 shares in the instant building.
After that, among the co-ownership shares of the instant land, (1) with respect to the co-ownership shares of 132.23/3,739 shares in theO's name, the registration of ownership transfer based on each sale under Q's name on August 19, 2002 was completed successively, and on July 19, 2005, the plaintiff and the selector He jointly won the bid and completed the registration of ownership transfer on July 25, 2005 with respect to the shares of 1/2,66.15/3,739 shares on July 25, 2005.
(2) 3.05/3,739 shares in N’s name.