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(영문) 수원지방법원 2018.06.26 2018나54071
건물명도(인도)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. Basic facts

A. 1) Multi-household housing (attached Form 1) which is an aggregate building in the name of "Kwon," on the ground of Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government J.

hereinafter referred to as “instant building”

)There are only one floor of the instant building, on the basis of the direction visible from the entrance of the building to the building (hereinafter referred to as “the left-hand household of this case”).

) and the right household (hereinafter referred to as “the right household of this case”)

(2) Each section of exclusive ownership between the left-hand household and the right-hand household of this case is 78.72 square meters in total, and there is a change in the name of the unit and the well-side, centering on stairs, and the number, structure, and size of the room, the kitchen, the kitchen, and the bath room are the same.

B. The difference between the present status of the aggregate building register and the present status indication is 1) the aggregate building register as to each household of the first floor of the instant building, and there exists the aggregate building register of 101 and 102 of the instant building. However, according to the current status of each aggregate building register, 101 of the instant aggregate building is the right household of the instant case, and 102 of the instant aggregate building register is registered as the right household of the instant case. However, unlike the indication of the current status of the aggregate building register, the mark of 101 is attached to the present line of the left-hand household of the instant case, and 102 signs are attached to the present line of the right-hand household of the instant case.

C. As to the instant building 101, the Plaintiff’s registration of ownership transfer was completed for one-half shares in the name of D and E with respect to the instant building 101. However, the Plaintiffs purchased No. 101 of the instant building from D and E on November 9, 2015 and completed the registration of ownership transfer for each 1/2 shares on March 2, 2016.

The registration was completed by F on October 13, 2005 that the Defendant acquired the right to collateral security on February 10, 2015, in the register as to the 102 building of this case, and the Sungnam Central Credit Union on February 10, 2015.

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