logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.02.13 2018나367
소유권이전등기
Text

1. The part of the claim for ownership transfer registration against Defendant B, C, F, I, S, Z, AF, and AI in the judgment of the first instance shall be revoked.

Reasons

1. Facts of recognition;

A. On June 4, 1984, the area of 400 square meters of AM forest in Ulsan-gu, Ulsan-gu, AL owned was divided into 337 square meters of AM forest in Ulsan-gu and 63 square meters of AM forest (hereinafter “AM”) and AK forest land (hereinafter “instant land”).

B. The instant land and AM, Ulsan-dong, Ulsan-gu, 166 square meters (hereinafter “N”), and AO large 714 square meters (hereinafter “AO”) are sites of the aggregate building constructed on the above ground as of the closing date of the instant pleadings (hereinafter “the instant aggregate building”).

C. On May 21, 1987, the Plaintiff acquired ownership of 12,500/256,000 shares among AO, and on October 4, 1994, the Plaintiff acquired ownership of 12,50/256,00 shares among the instant land.

The Defendants, among the Defendants, other than Defendant H, V, Z, and AD, are owners of each section of exclusive ownership of the instant condominium building.

E. The Plaintiff and the Defendants are owners of the instant land for which each share ownership transfer registration has been completed, and the details of the Defendants’ share are as indicated in the column for indication of share in the attached list.

In addition, if the defendants except the defendant H, V, AD, and Z have completed the registration of site ownership on the instant land in relation to the ownership of the exclusive ownership of the instant aggregate building, or if the registration of site ownership and the registration of site ownership in the register of divided buildings is made to the purport of the registration of site ownership and the registration of site ownership in the register of the land subject to the site ownership, the change in the real right that arises in whole

In addition, in principle, the land register shall not be used any more after the registration of the site right, and the relationship of rights shall be registered only in the building register.

Therefore, the transfer registration of ownership on a building after the registration of the right to a site has the same effect as the right to the land unless there is an additional entry to the purport of only the building.

After completion of the right to a site registration, the owners who purchased the above aggregate building's exclusive ownership.

[Grounds for recognition] Defendant H, N, T.

arrow