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(영문) 수원지방법원 2016.09.29 2015나40651
건물매도청구 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for adding the following judgments, and thus, it is acceptable in accordance with the main sentence of Article 420 of the

2. Additional matters to be determined;

A. Determination as to the establishment of the right to use site 1) The Plaintiff’s assertion as to the part of exclusive ownership under subparagraph 8 of the first floor among the instant building (hereinafter “exclusive ownership”).

(2) On or before July 3, 2012, the provisional attachment registration was completed with respect to the above section for exclusive use on or before July 3, 2012, and on August 11, 2009, the Plaintiff, even if the Plaintiff owned the Plaintiff’s shares as to the instant section for exclusive use and the above section for exclusive use, may separately dispose of the Plaintiff’s shares as to the said section for exclusive use and the right to use the said section for exclusive use, and the said section for exclusive use is not established. (2) The right to use the site of an aggregate building does not require any special requirement other than the existence of an aggregate building and the right of the sectional owner to use the relevant site to own the section for exclusive use (see, e.g., Supreme Court Decision 2009Da26145, Jun. 23, 2009). If a person who has a share in the site corresponding to the right to use the site for exclusive use acquires the relevant section for exclusive use, the right to use the site should be established immediately regardless of whether it is registered.

3. The fact that the Plaintiff completed the registration of ownership transfer with respect to the instant section of exclusive ownership on July 3, 2012 under the status that the Plaintiff owned the Plaintiff’s shares is identical to that of the basic facts. As such, the part of exclusive ownership is subject to the execution of the registration of ownership transfer with respect to that section.

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