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(영문) 서울서부지방법원 2018.05.25 2017가단15563
건물철거 등
Text

1. The part regarding the claim for land transfer among the instant lawsuits shall be dismissed.

2. The defendant shall be against the plaintiff (appointed party) and the appointed party C.

Reasons

1. Basic facts

A. A. The building (Gu building) located on the ground of Eunpyeong-gu Seoul Metropolitan Government 188С (the instant land) was removed, and multi-household houses (multi-household houses in this case) with five floors of reinforced concrete structure Pyeongtaek Robro (multi-household houses in this case) were newly built (the commencement on or around March 18, 2013, and approval for use on or around December 27, 2013).

B. As the instant multi-household building was divided into sectional ownership of 8 households (Nos. 201, 202, 301, 302, 401, 402, 501, and 502), with respect to the instant multi-household building, 401, 402, 501, and 502 of each of the instant lands were divided into sectional ownership of 8 households (No. 201, 202, 301, 402, 501, and 502), the ownership registration (right to the site) was completed accordingly.

C. The Defendant acquired 201, 202, 301, and 302 listed in the separate sheet without a right to a site from among the instant multi-household buildings (hereinafter “Nos. 201 through 302”) on September 23, 2013 and completed the registration of ownership transfer on March 11, 2015.

The instant land remains when the establishment registration of a new community credit cooperative located on February 28, 2013 and June 28, 2013, which was created on the following grounds: (a) the order of priority 1 and 2 of the new community credit cooperative located in the mortgagee of the right to collateral security; (b) the aforementioned land was at the voluntary auction procedure based on the said right

The remaining 95.36/188 shares (which correspond to the shares corresponding to the site ownership in subparagraphs 201 through 302) other than the shares registered as a site ownership, such as the shares in paragraph 92.64/18, are "Plaintiff, etc." and "Plaintiff, etc." on April 25, 2017.

(ii) acquired by it (Plaintiff 71.52/188, Selected C 23.84/188 shares) and completed the registration of ownership transfer (Plaintiff 71.52/18 shares, C 23.84/18 shares).

2. Assertion and determination

A. One site co-owner is the act of preserving common property and can seek the removal of the building against the owner of the building who owns the building without title on the co-owned site.

Plaintiff

The fact that the instant land is the owner of 95.36/188 shares among the instant land, and the Defendant.

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