beta
Text
1. The defendant shall issue to the plaintiff each point of the attached Form 1, 2, 5, 6, and 1 among the real estate listed in the attached list.
Reasons
1. Basic facts
A. On October 23, 1984, C completed the registration of ownership transfer with respect to D miscellaneous land 783 square meters (740 square meters in D miscellaneous land and 43 square meters in E miscellaneous land on April 16, 2009; hereinafter “instant land”).
나. C과 F은 1990년경 이 사건 토지 위에 별지 목록 기재 건물(이하 ‘이 사건 건물’이라 한다)을 신축하고 1990. 11. 17. 이 사건 건물에 관하여 1/2지분씩 소유권보존등기를 마치되, 이 사건 건물 중 별지 감정도 표시 1, 2, 5, 6, 1의 각 점을 차례로 연결한 선내 ㈎부분 203㎡(이하 ‘서쪽 건물’이라 하고, 그 부지를 ‘서쪽 토지’라 한다)는 F이, 같은 감정도 표시 2, 3, 4, 5, 2의 각 점을 차례로 연결한 선내 ㈏부분 203㎡(이하 ‘동쪽 건물’이라 하고 그 부지를 ‘동쪽 토지’라한다)는 C이 각 구분소유하였다.
C. On August 5, 1994, the Plaintiff (the trade name was changed from “G Co., Ltd. to “H” and “Co., Ltd.”) purchased the land of this case from “C”, and completed the registration of ownership transfer in the name of the Plaintiff on August 25, 1994.
Meanwhile, regarding F’s share of the instant building, the registration of creation of a collateral security holder I was completed on October 26, 1993 with respect to F’s share of the instant building, and the establishment of a collateral security holder I. At the request of I, the voluntary auction commenced. On August 19, 1994, the Defendant awarded a bid of F’s share of the instant building during the auction procedure, and completed the registration of ownership transfer in its name on October 24, 1994.
E. At present, the Plaintiff divided the same building, and the Defendant divided the Western building.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4 (including branch numbers, if any; hereinafter the same shall apply) and images, the result of the survey and appraisal conducted by the appraiser J, the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the Defendant, without any specific title, is a sub-building on the Seodaemun-gu land owned by the Plaintiff.