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(영문) 대구지방법원상주지원 2015.09.16 2015가단8390
소유권이전등기
Text

1. As to the portion of 98.172/707.5 square meters among D 707.5 square meters in Sinyeong-si:

A. The Defendant (Counterclaim Plaintiff) C is a party.

Reasons

1. Basic facts

A. Defendant B completed the registration of ownership transfer on October 7, 2002 on the ground of sale on October 1, 2002, with regard to D large scale D 707.5 square meters (hereinafter “instant land”) and its ground neighborhood living facilities and three-story buildings (hereinafter “instant building”).

B. On November 13, 2003, the instant building was converted from a general building to a collective building. On January 19, 2004, the instant building was divided into five households (No. 101, 201, 202, 301, and 302) on January 19, 204, but the ownership registration was not completed with respect to the share in the site.

C. The sum of the area of the section for exclusive use by the five households of the instant building is 73.36 square meters. Of them, the area of the section for exclusive use under 201 square meters is 101.76 square meters. Of them, the share of the part under 201 that the right to use the site under 201 square meters = 98.172 = 101.76 】 707.5/733.36, and the share of the part under the right to use the site under 201 x 707.5 (hereinafter “instant land share”).

Defendant B completed the registration of ownership transfer on January 19, 2004 with respect to No. 201 of the instant building on January 16, 2004 on the ground of sale and purchase on January 16, 2004, and thereafter, Defendant B decided to voluntarily commence the sale of the instant building No. 201 on December 19, 2013, and the Plaintiff completed the registration of ownership transfer on the same day due to sale by voluntary auction on January 26, 2015 at the auction procedure.

E. Meanwhile, Defendant B completed the registration of the ownership transfer of the instant land under Article 1557 on January 31, 2004 on the ground of sale and purchase on February 4, 2004, as the receipt of the Seo-gu District Court registration office of the Daegu District Court on February 4, 2004, and Defendant C’s agricultural cooperative on the same day ( February 4, 2004) completed the registration of the ownership transfer of the instant land under Article 1558 of the Taegu District Court’s receipt of the registration office of the Daegu District Court on the same day, Defendant C and the maximum debt amount of KRW 420 million.

[Reasons for Recognition]

(a) Defendant B and C: Facts without any dispute, entry of Gap evidence 1 through 5, Eul evidence 1, Eul evidence 1, Eul evidence 1, and the purport of the whole pleadings;

B. Defendant's occupation village agricultural cooperatives.

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