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(영문) 광주지방법원 2012.08.14 2012가단8913
소유권보존말소등기
Text

1. For the plaintiffs:

(a) As to the site right of each real estate listed in [Attachment] Nos. 1 through 14, Defendant I shall be the same.

Reasons

1. Facts of recognition;

A. The association and the Z (hereinafter “instant association”) established upon the completion of a construction district wholesale and distribution center (hereinafter “instant association”) established with the aim of promoting the sound development of construction district wholesale and retail business, promoting the promotion of welfare among its members, and promoting autonomous economic activities by carrying out collaborative projects, thereby promoting the improvement of economic status of its members and the balanced development of the national economy. On May 21, 1999, the association purchased from land construction a new AC Distribution Center (hereinafter “Distribution Center”) with the aim of promoting the improvement of the economic status of its members and the balanced development of the national economy, which was developed as part of the Gwangju Metropolitan City urban planning project, and obtained approval for the completion of the said Distribution Center around March 5, 2001.

B. (1) The establishment of the rules and the establishment of sectional ownership relation (1) The instant association established the rules on the lot of land 126,219.60 square meters and sectional shopping malls (59,402.14 square meters) (hereinafter referred to as the “instant rules”) after newly building a distribution center and selling them in lots, and established the sectional ownership relationship by giving ownership transfer to several buyers, after a notary public obtained authentication from a mining joint law office around June 22, 2001 with respect to the said rules.

(2) The Plaintiffs are divided owners of commercial buildings in the distribution center.

C. Around October 18, 2004, the instant trade association sold seven commercial buildings, including (7) Nos. 26, 105, 109, and 27, 104, 108, to Nonparty AD around October 18, 200.

(1) around October 18, 2004, AD sold 495.87 square meters of the front parking lot of the 9-dong parking lot to Defendant I, around October 18, 2004.

(2) AD prepares an agreement (around March 4, 2005, that reduces 1.615 times the respective housing site ratio of 26, 105, 109, and 27, 106, 107, and 108 to 1.0 times the respective housing site ratio of 26, 105, around March 4, 2005 without the consent of at least 3/4 of the sectional owners of the commercial buildings in the distribution center, and 9.174 square meters under subparagraph 105 of 26, 269.96 square meters = 264.96 square meters.

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