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(영문) 청주지방법원 영동지원 2018.05.04 2017가단4668
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. A building listed in the attached list No. 1 of the basic facts (hereinafter “instant building”) is a collective building and recorded in the collective building ledger as follows, and registration has been completed for each of the following items:

The fact that a store of 26.95 22, a store of 26.95 7, a store of 26.95 22, a store of 26.95 7, an underground room of 13.23 26.95 7, an office of 13.24 29.4 9, an office of 14.4 5 9, an office of 14.8 10 5, an office of 13.2 / [based on recognition] does not dispute, evidence No. 8-1, 2, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. On February 5, 2010, the Plaintiff and the Defendant concluded a sales contract with respect to the shares owned by the Defendant among the instant building. The Plaintiff did not complete the registration of ownership transfer as to each of the above parts of the instant building, i.e., the real estate listed in the attached Table 2, i.e., the omission of subparagraphs 8 through 10 in the process of preparing

Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer with respect to subparagraphs 8 through 10 of the building of this case to the Plaintiff.

B. First, we examine whether the heading 8 to 10 of the building of this case can be the object of sectional ownership independently.

Article 1, Article 2 subparagraphs 1 and 3 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act") can be used as an independent building, each part of which is divided in structure as the object of ownership under the Act on the Ownership and Management of Aggregate Buildings. Since the ownership of each part is the sectional ownership right, and each part of which is the object of sectional ownership is the sectional ownership right, and the sectional ownership of each part of which is the object of sectional ownership is the sectional ownership right, the section for common use cannot be the object of sectional ownership unless it is changed to the section

Part for common use of an aggregate building belongs to the co-ownership of all sectional owners (Article 10, Paragraph 1 of the Aggregate Buildings Act), but it is.

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