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(영문) 인천지방법원 2018.06.19 2018가단207334
소유권이전등기
Text

1. As to shares 22.7836/5 of 866.5 square meters in Bupyeong-gu Incheon Metropolitan City B B, 866.5 square meters,

A. The defendant Korea Land and Housing Corporation shall:

Reasons

1. As to the plaintiff's claim against the Korea Land and Housing Corporation

A. Basic facts 1) Telecommunications Construction Co., Ltd. (hereinafter “Pel Construction”) is limited to “Pelel Construction.”

(2) On December 23, 2002, the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) is only called the “Defendant Corporation”).

From the perspective of the Incheon Bupyeong-gu C Housing Site development project area, 869 square meters for commercial land in the development project area (the land indicated in paragraph (1) of the disposition became the land after drilling).

hereinafter referred to as “instant land”

(2) Defendant Dae Industrial Development Co., Ltd. (hereinafter “Defendant Co., Ltd.”) was sold in lots.

(2) On April 18, 2005, the Defendant Company succeeded to the rights and obligations under the contract for the sale in lots with the consent of the Defendant Corporation on April 2, 2004. The Defendant Company newly constructed a commercial building of the second and the 11th floor above the ground of this case (hereinafter “instant building”) on the instant land after fully paying the purchase price under the contract for the sale in lots. The Defendant Company completed the registration of ownership transfer on the instant land on June 1, 2006.

3) The Plaintiff among the instant buildings, is the third floor reinforced concrete structure No. 304, 142.57 square meters (hereinafter “instant section for exclusive use”).

A) On March 3, 2016, he acquired the entire ownership, and completed the registration of ownership transfer on the above section for exclusive use on March 3, 2016. 4) Of the instant land, the ownership of the site corresponding to the section for exclusive use in this case is 2.7836/5 (Bish less than four decimal places).

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3, purport of whole pleadings]

B. Even if the constructor of an aggregate building purchased the site and did not complete the registration of ownership transfer as to the cause of the plaintiff's claim, if he received the land as a result of the execution of a sales contract and constructed an aggregate building on the ground, he/she would have the right to possess and use it as the validity of a sales contract. In such cases, the section for exclusive use and the share of the site from the

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