logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.06.25 2014가단24535
소유권이전등기
Text

1. The Defendants, on October 21, 2014, as to the Plaintiff’s share 425/100 of the D 1,096 square meters of the window of Changwon-si, Changwon-si.

Reasons

1) Comprehensively taking account of the overall purport of the arguments in the statements in Gap evidence Nos. 1 and 5, the defendants are the land in this case, which is the D 10,096 square meters of the window of Changwon-si, Changwon-si around September 1986.

(1) On the ground, E-mailed buildings of the first and fourth floor above the ground (hereinafter referred to as “instant building”).

() The facts that each part of the sectional ownership of the instant building was sold in lots while constructing a new building; F sold in lots in the instant building No. 29 million won on September 27, 1986; F sold in lots in the instant building No. 5 million won; the Defendants completed the registration of ownership preservation for each of the sectional ownership of the instant building on November 17, 1986; however, the Defendants failed to complete the registration of ownership registration on January 26, 1987 due to the completion of cadastral adjustment on the instant land; under such circumstance, the Defendants completed the registration of ownership transfer on January 29, 1987; the Defendants completed the registration of ownership transfer on February 19, 1987; the Plaintiff purchased the instant building No. 29 million won from F on October 20, 2014, and applied for the registration of ownership transfer with the present owner of a sectional ownership registration on October 21, 2014.

Since the right to use site of a sectional owner is subject to the disposition of his section of exclusive ownership (Article 20(1) of the Act on the Ownership and Management of Aggregate Buildings), the owner of a sectional owner has already acquired the right to use site by completing the registration of ownership transfer for the section of exclusive ownership. Therefore, even if the section of exclusive ownership has been transferred before transfer, the final owner of the section of exclusive ownership may request the seller to immediately transfer his/her share from the seller without the need

Therefore, the Defendants are out of the land of this case to the Plaintiff.

arrow