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(영문) 광주고등법원(전주) 2017.05.25 2016나12668
소유권이전등기
Text

1.The part against DefendantO in the judgment of the first instance, including the claims extended and reduced in this Court:

Reasons

1. The reasons for admitting the judgment of the court of first instance are as follows, given that the reasons for admitting the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, except for adding or adding as mentioned in the following paragraph 2.

[However, the co-defendant E, F, G, J, and the first instance court's co-defendants (appointed parties M, Co-Defendant N, P, B, T, U,V, network C's taking over litigation and the part of the first instance court's decision against the Defendant Korea Land and Housing Corporation, which was not appealed against the first instance court's decision or a separate decision after withdrawal of appeal.

4. The part concerning each real estate stated in Articles 14 and 15 of the list of real estate is excluded. The Defendants’ grounds for appeal are not significantly different from the allegations in the first instance court, and the fact-finding and determination in the first instance court are justifiable even if the evidence submitted in the first instance court and each evidence submitted in this court were neglected.

2. The part that was added or dried;

A. The following is added to the 11th 15th 15th tier of the judgment of the first instance. Since the possession refers to de facto control over an object, only a specific part of the one can be occupied, but it is difficult to see that only a part of the ownership is de facto controlled and occupied.

Therefore, since the sectional owners of one building share the section for common use while partitioned ownership, it should be deemed that they jointly possess the entire site of the building, barring special circumstances.

(See Supreme Court Decision 2012Da72469 Decided January 25, 2017)

B. In accordance with the reflection of the market value of the unregistered portion of the building of this case, the following shall be applied:

1) Each “property of this case” in the first instance trial 27th parallel, 28th parallel, 29th parallel, 29th parallel, 29th parallel, 29th parallel parallel, and 7th parallel parallel, shall be deemed to read “property of this case” in the second instance trial 27th parallel, 28th parallel, 28th parallel, 29th parallel, 10th parallel, 30 first parallel, 30th parallel.

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