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(영문) 울산지방법원 2015.05.27 2014가합18335
건물명도
Text

1. Attached Form 1 and Form 2 between the Defendant (Counterclaim Plaintiff) and the Plaintiff (Counterclaim Defendant) shall apply to the building indicated in the attached Table.

Reasons

1. Determination as to the cause of the principal lawsuit of this case

A. We first examine whether each of the instant buildings owned by the Plaintiff.

1) In full view of the purport of the entire pleadings in each statement of Gap evidence Nos. 2 and 5 (including those with a studio number), the plaintiff is the entire studio building including each of the instant buildings on November 12, 2013 (hereinafter "studio building of this case").

(2) As to the registration of preservation of ownership (hereinafter “registration of preservation of this case”)

(2) The Defendants are sole owners who constructed the studio building in this case and only the Plaintiff is an investor, as it is acknowledged that each of the buildings in this case is owned by the Plaintiff, barring any special circumstance.

However, the plaintiff and D at least asserts that the studio building of this case newly constructed for a joint project is the public property of them, and the registration of the plaintiff's name is merely the registration of the title trust.

In principle, the ownership of a newly constructed building shall be naturally acquired by a person who built it in his/her own effort and materials, but in cases where an agreement is reached that the ownership of the building completed in the construction contract belongs to the contractor, the ownership of the building shall be naturally reverted to the contractor (see, e.g., Supreme Court Decision 2009Da66990, Jan. 28, 2010). In addition, in cases where a cooperative whose purpose is to operate a joint business by mutual investment among the buyers acquires the ownership of real estate as its property, the combination shall naturally be owned by the partnership pursuant to Article 271(1) of the Civil Act. However, if the partnership was registered under the name of one member without making a joint ownership registration and instead of the partnership, it shall be deemed that the partnership was trusted in trust to the partnership members.

(see, e.g., Supreme Court Decision 2003Da25256, Apr. 13, 2006). The records of No. 1 are as follows: (a) returned to the instant case; and (b) comprehensively taking account of the purport of the entire pleadings.

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