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(영문) 의정부지방법원 2018.06.07 2018나740
대지지분이전등기절차이행
Text

1. The judgment of the first instance, including the Plaintiff’s claim extended in the trial, shall be modified as follows:

The defendant.

Reasons

1. Indication of claim;

A. On November 1, 1995, the Defendant constructed an apartment building (hereinafter “instant apartment”) and a commercial building (hereinafter “instant commercial building”) on the ground of Seoyang-gu, Seoyang-gu, Seoyang-gu (hereinafter “the instant land”) and sold an apartment unit (hereinafter “instant apartment”) to a limited company and sold the apartment unit (hereinafter “each unit”) listed in the separate sheet among the above commercial buildings.

B. The defendant completed the registration of initial ownership on November 17, 1995 with respect to 108, 109, and 110, but the registration of initial ownership was not completed due to the completion of cadastral adjustment on the land of this case. In such a situation, on November 30, 1995, the registration of initial ownership transfer was completed in the future for the development of a limited company with respect to the above subparagraphs.

After that, each of the above rooms was purchased before the beginning of March 31, 2017, and each of the above rooms was completed on March 31, 2017.

C. On the other hand, the registration of ownership transfer was completed on February 19, 1996 on the land of this case, and the registration of site ownership was completed in the future by most of the sectional owners in the family room.

As of the date of closing argument of this case, among the commercial buildings of this case, the section for exclusive use for which the right to a site has not been registered remains 101 and 108, 109, and 110 owned by the plaintiff.

E. The ratio of the site ownership of the entire commercial buildings of this case is 70.52/2389.52/2389. If the site ownership of this case is excluded from the house room registered, the remaining ratio of the site ownership is 156.19/2389.5.

At present, the proportion of the site ownership of 101, 108, 109, and 110, which are unregistered, should be determined within the limit of 156.19/5, 2389. Thus, if 156.19/238 is divided by the proportion of the whole area of the houses unregistered as above, 108 subparagraph 48.68/5, 109, and 110 are 38.84/2389, respectively.

F. Therefore, the Defendant’s transfer registration procedure with respect to the portion of 48.68/238 of the instant land to the Plaintiff on March 31, 2017, based on the acquisition of the section for exclusive use as of March 108, and each of them.

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