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(영문) 서울서부지방법원 2019.09.27 2019가단5607
소유권이전등기
Text

1. The plaintiff's lawsuit against the defendant D shall be dismissed.

2. Defendant C: (a) 14.2 square meters of Seodaemun-gu Seoul, Seodaemun-gu 166.3 square meters to the Plaintiff.

Reasons

1. Basic facts

A. On April 27, 2001, Defendant C obtained a building permit to construct a multi-household building with the section for exclusive use with six households (Gho Lake, Hho, I, Jho, K, and L) on the ground of Seodaemun-gu Seoul Metropolitan Government Seomun-gu 166.3 square meters (hereinafter “instant site”) (hereinafter “instant site”), and again, Defendant C obtained a new building permit to construct a multi-household building with six households (Ghoho, H, I, J, K,

7. A permit was obtained for changing the section of exclusive ownership into five households (Hhoho, I, Jho, Kho, and L) around 27.

B. On September 20, 2001, Defendant C newly constructed and completed a building listed in the separate sheet (hereinafter “instant building”). Unlike the building permit, Defendant C failed to obtain approval from the head of the competent Gu by extending subparagraph G on the first floor, etc., and did not register it in the aggregate building ledger.

C. On December 20, 2007, the registration of preservation of ownership under Defendant C’s name was completed on the commission of an auction court due to the procedure for compulsory auction (Seoul Western District Court M, hereinafter “instant auction procedure”) that commenced with respect to Section I (hereinafter “instant section for exclusive use”) among the instant buildings. The size of the section for exclusive use was entered as 33.32 square meters, and the Plaintiff purchased the instant section for exclusive use on February 23, 201 and purchased the instant section for exclusive use on the same year.

3.3. Completion of the registration of ownership transfer.

Site ownership concerning the instant section for exclusive use is 14.946/166.3 shares (hereinafter “instant site ownership”) as indicated in the following calculation table:

The exclusive area ratio of the site ownership = the site area of this case x the exclusive area/exclusive area/exclusive area of the divided building (370.74), and the number below the decimal point was set up to the fourth below.

G Hoho 47.085 H 81.121 H 80.75 36.221 I 3.32.32 J 14.946 J 80.75 36.221 K 26.39 November 838, 102.45.953 Total 370.746.3

E. The instant site was owned by Defendant C from May 6, 1998, but it was sold from the procedure of compulsory auction (Seoul Western District Court N) commenced on October 13, 2005 to December 19, 2006, and the ownership was transferred to Nonparty C on July 10, 2018 by a final judgment.

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