logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.09.10 2015나6514
대지권표시등기절차이행 등
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked.

2.(a)

The defendant Si interesting City shall be listed in the separate sheet No. 1.

Reasons

1. Facts of recognition;

A. An aggregate building construction company, which was a codefendant of the first instance trial, (hereinafter referred to as “Tansan Construction”) is newly built on the ground of each real estate listed in the separate sheet No. 1 on December 4, 2000 (hereinafter referred to as “each land of this case”) listed in the separate sheet No. 2, 200, each section for exclusive use of the aggregate building (hereinafter referred to as “instant commercial building”).

) The registration of ownership preservation was completed without having been completed with respect to the shares in the site.

B. On February 8, 2001, the Construction completed the provisional registration on February 7, 2001 as to the instant commercial building on the ground of trade reservation (hereinafter “the instant provisional registration”). At the time, the registration was not made on the share of the land in the instant commercial building (23.95/1627.2 shares out of each of the instant land).

C. After the registration of ownership preservation was completed on January 3, 2001 with respect to each land of this case, the defendant Sinsi completed the registration of ownership transfer on the Huan Construction on February 22, 2001.

As to the share of 23.95/1627.2 out of each of the instant lands in the name of sub-construction, the part of the instant land shall be as to the Defendant Sinsi, and as to June 7, 2001, the part 2-A of this case.

The registration of seizure as described in the paragraph, and the defendant Republic of Korea's order 2-b of October 24, 2001.

The seizure registration in the port was completed.

E. The Plaintiff completed the registration of ownership transfer with respect to the instant commercial building on May 2, 2002.

F. On the other hand, current A.

Of each section of exclusive ownership in the new building stated in the subsection, the registration of shares in the site has been completed except for the commercial buildings in this case.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 4 (including paper numbers), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. The scope of validity of the provisional registration of this case ① The legal doctrine as to the relationship between the accessory and the principal thing under Article 100(2) of the Civil Act applies not only to the relationship between the goods, but also to the rights. The disposition under the above provision is not only to the alteration of rights by a disposal act, but also to the disposition under public law such as seizure.

arrow