Registration for cancellation of ownership transfer registration.

The right to use site of a sectional owner is in accordance with the disposition of his section of exclusive ownership.

Article 20 of the Multi-Unit Residential Building Act; Section 20 of the Multi-Unit Residential Building Act;

2016da 17835 Registration, etc. of transfer of ownership

00

Republic of Korea Overseas

November 15, 2016

December 03, 2016

1. As to the land below to the Plaintiff:

A. Defendant Aaaa Company shall register the transfer of ownership on November 24, 2003.

B. Defendant Republic of Korea will cancel the registration of seizure No. 33621 of this Court received on April 17, 2014.

(1) Of 00 a.m. 00 a.m. 000 a.m. 1442.6 m., 93.33/287.9

(2) Of 00 a.m. 00 a.m. 00 a.m. 00 a.m. 1445.3m., 93.33/287.9

2. The costs of lawsuit shall be borne by each person;

Cheong-gu Office

The same shall apply to the order.

1. Facts of recognition;

A. On June 10, 2002, the Plaintiff purchased the right to use the site from Defendant Aaa Co., Ltd. to the section of exclusive ownership from Defendant Aaa, 404, 405, and 406 and its section of exclusive ownership equivalent to the share of land indicated in the order. The Plaintiff completed the registration of ownership transfer on December 5, 2003 for the section of exclusive ownership.

B. At the time when the ground building preservation registration was completed, the land cadastre was delayed due to the delay in the land readjustment project, etc., and was prepared on June 1, 2004.

C. Defendant Republic of Korea registered the seizure for the enforcement of a taxation claim against Aaaa as ordered by the court.

【Non-Dispute】

2. Determination

A. Relevant legal provisions

Act on the Ownership and Management of Aggregate Buildings

Article 20 (Indivisibility of Section for Exclusive Use and Right to Use Site) (1) A sectional owner's right to use site shall follow the disposition of section for exclusive use he/she has.

(2) No sectional owner may dispose of the right to use site separately from his/her section of exclusive ownership: Provided, That the same shall not apply where otherwise prescribed by regulations.

(3) The prohibition of separate disposition under the main sentence of paragraph (2) shall not be effective against a third party who has acquired a real right in good faith unless the purport thereof is registered.

B. In this case

1) Defendant Aaaaa

The registration of ownership transfer for a housing lot portion shall be made through sale.

2) Defendant South Korea

The ownership of a site as a right to use the site shall be disposed of by sections for exclusive use.

Since the Plaintiff purchased a section of exclusive ownership and a right to use site and completed the registration of ownership transfer on the section of exclusive ownership, the Plaintiff also acquired the ownership of the land portion as a right to use

Therefore, the attachment of Defendant Aaa as the obligor is based on the premise that the nominal owner is the owner, even though the nominal owner is not the true owner, and thus the cause should be cancelled.

Although the defendant asserts that the third party who acquired the real right in good faith should be protected, the third party in good faith should acquire the real right through the transaction relation, and the seizure disposition for the execution of the tax claim does not constitute the acquisition of the real right through the transaction.

3. Conclusion

A claim against the Defendants is well-grounded (the costs of lawsuit shall be borne by each party in consideration of the fact that the exercise of the Plaintiff’s right was delayed and this lawsuit was caused).