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(영문) 부산지방법원동부지원 2019.07.11 2018가단225083
소유권이전등기
Text

1. The Defendant, on November 18, 2017, shall provide the Plaintiff with respect to the share of 4553/1820 of the real estate stated in the attached sheet.

Reasons

Facts of recognition

On August 9, 1978, Co., Ltd. (hereinafter referred to as “Defendant”) completed the registration of ownership transfer based on sale and purchase of the land listed in the annexed sheet (hereinafter referred to as “instant land”) on August 9, 1978. On May 19, 1979, five apartment buildings of D apartment buildings are apartment complexes of 123 households on the above ground, and one of them (Edong) was constructed on the ground of the instant land.

Edong constructed and completed registration of preservation of ownership, and sold it in lots.

However, before the enactment of the "Act on the Ownership and Management of Aggregate Buildings" at the time of sale, it is necessary to separate procedures for the registration of ownership transfer on the building and site in order to acquire the completed apartment including the ownership share of the site.

From around 1979, the Defendant continued to complete the registration of ownership transfer for the above one unit of buyers, in addition to completing the registration of ownership transfer for the building subject to sectional ownership, separately completed the registration of ownership transfer for each share of 4553/182120 among the land in this case.

On February 15, 1986, the registration of the aggregate building was completed for the above D apartment E, and the remaining co-ownership shares except for the defendant's 9106/182120 shares were established, and the registration was completed.

On January 22, 1998, the Plaintiff completed the registration of ownership transfer on the ground of donation regarding the above D apartment E E-dong (hereinafter “instant apartment”). The entire certificate of the registration of the apartment building of this case does not include the registration of the right to a site in the whole certificate of the registration of the apartment building of this case.

The registration of preservation of ownership was completed in the original name of the defendant. On March 27, 1990, Nonparty G acquired ownership through a compulsory auction procedure on March 27, 1990. On November 17, 1997, Nonparty H acquired ownership through a voluntary auction procedure, but was donated to the plaintiff.

H At the time of acquiring the apartment of this case, 50 million won.

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