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(영문) 서울고등법원 2018.02.09 2017나904
토지인도등
Text

1. The judgment of the first instance, including the claim that the plaintiff changed in this court, is modified as follows:

Reasons

1. Basic facts

A. On May 22, 2014, the Plaintiff completed the registration of transfer of ownership on each of the grounds of the sale as of the Kanpo-si, Seopo-si, Seopo-si, Seopo-si, 784 square meters (hereinafter “N”), Lan-150 square meters (hereinafter “O,” and collectively referred to as “each of the instant lands” as of the said K land on April 10, 2014.

B. Meanwhile, there are buildings of Qtel constructed around 1994 (hereinafter “ Qtel”) on the ground of P volume 815 square meters (hereinafter “V”), adjacent to each of the instant lands. The Defendants are sectional owners holding some of the subparagraphs of Qtel as shown in the separate sheet No. 1-1.

C. From September 15, 2014, the Plaintiff started construction of a hotel (hereinafter “instant hotel”) on each of the instant land, and completed the registration of ownership transfer for each of the instant land to the Asian Trust Co., Ltd. (hereinafter “Plaintiff-Successor”) on September 17, 2014.

With respect to each of the instant lands on April 21, 2017, the registration of ownership transfer was completed in the name of the Plaintiff (hereinafter “Plaintiff”) who is the succeeding intervenor of the Plaintiff’s succeeding intervenor, on the grounds of the attribution of trust property, and the registration of ownership ownership was completed in relation to the right to the instant hotel’s sectional ownership on the same day.

E. On April 21, 2017, the registration of ownership transfer for the entire hotel of this case, which is an aggregate building of the 11th floor scale newly constructed on each of the instant land, was completed in the Plaintiff’s future on April 21, 2017 for the entire hotel of this case, and the registration of ownership transfer for the remaining households except for the 327, 727, and 1127, which have been unsold in lots. As for the above 327, 727, and 1127, the registration of ownership transfer was completed in the Plaintiff’s succeeding intervenor on the same day on April 13, 2017; thereafter, the registration of ownership transfer was completed on the ground of the trust of April 13, 2017; and thereafter, with respect to the above 727, 1127; and with respect to the above 327, Oct. 23, 2017, respectively, to the Plaintiff.

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