2014da 11304 Registration of transfer of ownership

A person shall be appointed.

B Stock Company

Maximum △△△△

Law Firm △△, Counsel for the defendant-appellant

[Defendant-Appellant]

October 24, 2014

November 21, 2014

1. As to the Plaintiff’s share on September 93/5893 of the land set-off A in Seoul Special Metropolitan City, Nowon-gu, Seoul.

5. 22. Procedure for registration of ownership transfer arising from a compulsory auction;

2. The costs of the lawsuit shall be borne by the defendant.

as shown in the Disposition. (Request by subrogation of C and Request on the ground of the acquisition of its ownership

of this section. (I am to say that it has sought selectively.)

1. Basic facts

A. C, on June 23, 1994, was sold in lots from the Defendant, set-off Nos. 102, 503 (hereinafter referred to as the “instant apartment”) of the D apartment No. 102, 503 (hereinafter referred to as the “instant apartment”) in Seoul, Nowon-gu, Seoul, and paid the sales price and completed the registration procedure only for the exclusive ownership of the instant apartment on August 31, 2009.

B. Shares of land in the order (hereinafter referred to as “the part of the site of this case”) are shares in the site of this case.

C. The Plaintiff acquired the instant apartment on May 22, 2013 from the procedure for compulsory auction (Seoul Northern District Court 2009Hu235 x Ho) that was conducted with respect to the section for exclusive use of the apartment.

[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including branch numbers), and the whole pleadings;

The plaintiff evaluated and sold the share of the site in the compulsory auction of the instant section for exclusive use. Since the share of the instant apartment, which is an aggregate building, cannot be separately disposed of, the share of the site of the instant apartment, is transferred to the plaintiff according to the disposition of the section for exclusive use, the defendant asserts that the defendant is obligated to transfer the share of the instant site to the plaintiff. The defendant argues that the auction of the section for exclusive use was conducted without any reason, and that the share of the instant

3. Determination

The registration of transfer of ownership or change of a site ownership to a purchaser of an aggregate building shall be made at the end of the year after the cadastral adjustment was made, and the registration of transfer of ownership was completed only with respect to a section for exclusive use. However, in a case where a third party is awarded a successful bid of a section for exclusive use without the registration of transfer of ownership or change of a site ownership, the successful bidder shall acquire the right to use the site under Article 2 subparagraph 6 of the Act on the Ownership and Management of Aggregate Buildings (see Supreme Court Decision 2004Da58611, Sept. 22, 2006). Meanwhile, Article 57-3 of the Registration of Real Estate Act provides that the present owner and the purchaser of a section for exclusive use may jointly apply for the registration of transfer concerning the right to use the site (share of land).

According to the above facts of recognition, the plaintiff who was awarded a successful bid for the part of exclusive ownership of the apartment of this case, which is an aggregate building, is the current owner who acquired the share in the site of this case, and can file a claim for the registration of ownership transfer concerning the share in the site of this case against the defendant who is the seller,

The defendant's assertion is based on the premise that the separate disposition is possible, and there is no evidence to acknowledge that the rules provide for separate disposition, so the defendant's argument is without merit.

4. Conclusion

Therefore, the plaintiff's claim of this case shall be accepted for the reasons and it is so decided as per Disposition.

Judges Kim Gin-soo