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(영문) 서울고등법원 2016. 10. 06. 선고 2016나2003285 판결
건물의 취득시기[국승]
Case Number of the immediately preceding lawsuit

Seoul Central District Court-2014-Gohap-52637 ( November 18, 2015)

Title

Time of acquisition of building

Summary

When a construction has been completed to the extent that it is deemed identical to that of a construction permit under social norms.

Cases

2016Na2003285 Action for cancellation of registration of initial ownership, etc.

Plaintiff and appellant

X.x

Defendant, Appellant

Republic of Korea Overseas

Judgment of the first instance court

Seoul Central District Court 2014 Gohap526637 ( November 18, 2015)

Conclusion of Pleadings

August 30, 2016

Imposition of Judgment

October 6, 2016

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance shall be revoked. The judgment of the Plaintiff is revoked. ① Defendant Aa shall be affiliated to the real estate listed in the separate sheet.

(1) The Daejeon District Court's Cheongbu Registry, which completed on April 30, 2012 as the receipt No. 10224, each ownership preservation, etc.

Note, 2. Defendant BB: The method of the Daejeon District Court for real estate No. 1 of the real estate listed in the separate sheet.

Seoul High Court Decision 201Hun-Ma326, Nov. 9, 2012, completed with No. 26326, 3 Defendant Cc

of the real estate listed in the attached list, the Daejeon District Court, the Cheongbu Registry, 2013.

11.12. 12. Registration of chonsegwon (right to lease on a deposit basis) completed by the recipient No. 27958; 4. defendant X shall be recorded in the annexed list

Daejeon District Court Order and Registry of the Daejeon District Court on January 2, 2014 received on January 63, 2014

(5) Defendant Samsung Fire Marine Insurance Co., Ltd. shall register the transfer of ownership, and

(6) Of the real estate listed in the separate sheet No. 3, 4, 7, 8, 10, 12, 14, 15, and 16, the title transfer registration No. 2, which was completed on September 11, 2012 under the Decree No. 2, No. 2, No. 2, No. 2, No. 10, 3, and 10, the title transfer registration No. 2, No. 10, No. 2, of the real estate listed in the separate sheet No. 2, the title transfer registration No. 2, No. 3, the title transfer registration No. 4, which was completed on January 27, 2014; and the title transfer registration No. 2, the title transfer registration No. 2, the title of the real estate listed in the separate sheet No. 2, the title of the real estate recorded in the separate sheet No. 2, No. 3, the title of the real estate recorded in the separate list No. 2, No. 1, No. 3, and the title 2, the title No. 2,

Reasons

1. Quotation of judgment of the first instance;

The court's reasoning for this case is the same as that of the judgment of the court of first instance.

It shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is groundless.

All these are dismissed. It is so decided as per Disposition.

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