logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.04.20 2017가단113440
소유권확인
Text

1. Of the real estate listed in the separate sheet, each share in the separate sheet shall be confirmed to be owned by the plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The Plaintiff is a business operator who newly constructed and supplied “I” apartment units in the Namyang-si and 19 lots of land outside H in Nam-si.

B. Nonparty J agreed to be supplied with real estate listed in the separate sheet (hereinafter “instant apartment”) among the above apartment buildings as the Plaintiff’s member, and the down payment was made at the time of the contract, the intermediate payment was made in installments, and the remainder was paid on the designated date of occupancy.

C. As to the instant apartment, approval for use was granted on August 28, 2015, and the Plaintiff designated the date of designation for occupancy from September 1, 2015 to October 12, 2015. The Plaintiff sent a peremptory notice twice to the end of the period, and sent a written notice of termination by content-certified mail on June 16, 2016.

In fact, the above J died on December 21, 2014, and at the time, the heir was the wife of Defendant C, D, E, F, G, and Defendant K’s wife and children who died earlier than the above J.

E. The instant complaint was sent to Defendant B, E, and F on July 4, 2017, to Defendant C, D, and G on June 30, 2017.

[Ground of recognition] Facts without dispute, significant facts, entry of Gap evidence 1 to 17, purport of whole pleadings

2. According to the facts established prior to the determination, the apartment supply contract of this case concluded between the Plaintiff and the saidJ was served on the Defendants at least on the ground of the said J and its inheritors’ failure to pay the balance, and the instant complaint was lawfully rescinded at the time when a considerable period of time elapsed (the Plaintiff sent to the Defendants a document evidencing that, around February 6, 2018, the Plaintiff would cancel the supply contract of the instant apartment again against the Defendants, and thus, the ownership of the instant apartment belongs to the Plaintiff.

On the other hand, the J is registered as the owner on the aggregate building ledger.

arrow