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(영문) 인천지방법원 2018.02.01 2017가단30940
소유권이전등기절차이행등
Text

1. As to the real estate listed in Attachment 1 List of Real Estate:

A. The defendant Republic of Korea is the registry office of the Incheon District Court.

Reasons

1. Basic facts

A. On June 9, 1995, Defendant B first purchased real estate listed in paragraph (2) of the attached Table No. 2 of the real estate list (hereinafter “instant apartment”) owned by Defendant Taesan Co., Ltd. (hereinafter “Defendant Company”) and completed the registration of ownership transfer only with respect to the portion of exclusive ownership of the instant apartment on September 10, 1997, due to the delay in the division and rearrangement of the land.

B. On June 27, 2001, the Plaintiff was a successful bidder of the instant apartment in the real estate auction procedure established under Incheon District Court C with respect to the instant apartment on June 27, 2001, and completed the registration of ownership transfer under Article 45279 on the same day of the above court, but did not complete the registration of ownership transfer of a site ownership

C. On January 27, 2006, Defendant Republic of Korea seized 342.246/8 of the attached real estate listed in paragraph (1) of the attached Table No. 1 of the real estate list (hereinafter “instant land”) which is the object of the right to the site of the instant apartment on January 27, 2006, among the real estate in the attached Table No. 342.246 shares (the attached shares in the wife had been 432.268/8 shares, but the ownership subject to seizure decreased due to the waiver of shares, etc.) and completed the attachment registration by the Incheon District Court No. 6457 on February 6, 2006.

On the other hand, the share of the instant apartment site in the instant apartment site is 45.01/8, 26708.

[Ground] Defendant Taesan Co., Ltd.: The confession (Article 208(3)2 of the Civil Procedure Act); Defendant B; the Republic of Korea: the absence of dispute (limited to the Republic of Korea); Gap evidence 1 through 3 (including the provisional number); the purport of the whole pleadings

2. Article 20(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) provides that a sectional owner’s right to use a site shall follow the disposition of his section of exclusive ownership (Article 20(1)); and a sectional owner cannot dispose of his right to use a site separately from his section of exclusive ownership

(Article 20, Paragraph 2) declares the unity of section for exclusive use and right to use site.

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