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(영문) 서울중앙지방법원 2015.06.05 2015가합501963
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. After Kimpo-si B and C on June 25, 2007, the Plaintiff was divided into B, G, and H sites, and C sites into C, I, and J sites, respectively.

The registration of ownership transfer is completed on June 8, 2007 with respect to No. 109 of the first floor moving to the multi-unit building among apartment houses (hereinafter referred to as the "multi-unit houses in this case").

B. At the time, the above D site, which is the site of the instant tenement, was not registered as the land which is the object of the site ownership, and was registered as the co-ownership of the sectional owners of the instant tenement house without being registered as the land which is the object of the site ownership. Therefore, the Plaintiff purchased No. 109 of the instant tenement house, and completed the share transfer registration on each of the instant

(hereinafter “instant housing site shares”) C.

On October 6, 2009, the Defendant completed the registration of the establishment of the neighboring apartment house No. 109 in the name of Handi Mutual Savings Bank only with respect to the instant apartment house No. 109, except the instant apartment house shares, and the registration of the establishment of the ownership was completed on January 27, 2012 with respect to the instant apartment house No. 109, and on January 27, 2012, F purchased the instant apartment house No. 109 on September 26, 2012 from the voluntary auction procedure (Ucheon District Court Vice-Support E; hereinafter “instant auction procedure”) commenced at the request of K&C Co., Ltd. and completed the registration of the ownership transfer in the name of F on October 9, 2012.

Since then, in related cases where F requested the Plaintiff to implement the procedure for ownership transfer registration regarding the instant housing shares (Seoul District Court Branch Decision 2012Gadan38409, hereinafter “related cases”), the said court shall be deemed to have acquired the ownership by obtaining a successful bid of No. 109 with respect to the instant apartment house No. 109 at the instant auction procedure, and thereby having acquired the ownership of the instant apartment house corresponding to the right to use the instant housing site No. 109, on the ground that the said judgment shall be deemed to have granted the F’s claim and rendered the said judgment on September 7, 2013.

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