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(영문) 수원지방법원 2017.10.18 2017가단17579
소유권이전등기등
Text

1. As to the Plaintiff’s share of 8.156/2 of 642m2, among the land size of 642m2 m3, 1000,000:

A. Defendant B Co., Ltd. shall be held on February 2007.

Reasons

1. Facts of recognition;

A. On November 25, 2006, the Plaintiff purchased the ownership of the land corresponding to the portion of land indicated in the order as the right to use the site from Defendant B Co., Ltd. (hereinafter “Defendant Company”) and the right to use the site from the section for exclusive use. The Plaintiff completed the registration of ownership transfer on February 14, 2007 with respect to the section for exclusive use.

B. As to the ground buildings on the land as indicated in the text (hereinafter “instant land”), the preparation of the land cadastre was delayed on April 4, 2008, since the partition of the instant land was not completed at the time, even though the preservation registration was completed on January 207.

C. In order to enforce a tax claim against the Defendant Company, the Defendant Sung Sung-si completed the attachment registration as to the portion of land remaining in the name of the Defendant Company until the time including the share in the land indicated in the order as of July 7, 2009, received on July 7, 2009, including the share in the land indicated in the order.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Determination as to the cause of action

(a) A constructor of an aggregate building purchased the relevant site, but has not completed the registration of ownership transfer;

If an aggregate building is constructed on the ground upon delivery of the site due to the execution of a sales contract, it is the validity of a sales contract and has the right to possess and use it. In such a case, the actual requirements for the acquisition of ownership are satisfied by purchasing the exclusive ownership and the share of the site from the constructor of an aggregate building in the form of sale, and paying the price in full. However, as to the share of the site, a person who has completed only the registration of ownership transfer for the exclusive ownership and has not completed the registration of ownership transfer due to the above reasons also has the right to possess and use the site of a building for

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