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(영문) 의정부지방법원 고양지원 2018.01.12 2017가단7364
대지지분이전등기절차이행
Text

1. The defendant shall acquire the part of exclusive use for commercial buildings listed in the attached Table 1 among the 23,889.56m2 in Gyeyang-gu, Gyeyang-gu, Yangyang-gu.

Reasons

1. Since the right to a site is not registered in the commercial building listed in the attached Form 1, which is the Plaintiff’s assertion, the Defendant shall file a registration for transfer of the right to a site with the Plaintiff as stated in attached Form

2. Comprehensively taking account of the evidence submitted by the Plaintiff and the purport of the entire pleadings, the fact that there are apartment buildings, commercial buildings, and kindergartens buildings on the land located on the land of the 23,889.56m2 in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Yangyang-gu, and the said land is indicated as land subject to the right to a site, but the right to a site is not stated in the register of the commercial condominium building, and that the registration of the C apartment, in the register of the 1204m2, 1204, 1201, 199.1m2 and 39.364 m2, 2389.

Unless otherwise stipulated by the rules, the ratio of right to use site should, in principle, be in accordance with the ratio of the size of the section for exclusive use.

Since all of the stores listed in the separate sheet owned by the plaintiff are on the same site as the apartment building, there is no agreement that sets a different ratio of site ownership, it is inevitable to set the ratio of site ownership to the size of the section for exclusive use

Ultimately, the proportion of the right to a site in each commercial building stated in the attached Table shall be based on the presumption of the register of apartment buildings: 39.364 square meters: 39.364 square meters = The area of the section for exclusive use in the plaintiff commercial building: the ratio of the right to a site in the plaintiff commercial building should be calculated

In such calculation, the proportion of the site ownership of the commercial buildings listed in [Attachment 1] [Attachment 1] [Attachment 1] (No. 108, 35.25 square meters for exclusive use) shall be 23.440/5, 2389.5/238, / [2], / [3] the proportion of the site ownership of the commercial buildings listed in [Attachment 109.10 square meters for exclusive use] shall be 18.702/5, respectively.

Therefore, the defendant's share of 23.440/5/2389 on the ground of the acquisition of the section for exclusive use by the commercial buildings listed in the attached Table 1 among the 23,889.56 square meters in Gyeyang-gu, Gyeyang-gu, Seoyang-gu, Incheon. 23, the defendant has the same attached Form [2] and [3] / [3] 18.702/20 on the ground of the acquisition of the section for exclusive use by the commercial buildings listed

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