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(영문) 대전지방법원 2020.04.09 2019가단118811
정기금청구의 소
Text

1. The Defendant’s ownership in the building indicated in the attached Table No. 2 from May 1, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a right holder of the right to share 6,979,336/20 of the land listed in paragraph (1) of the attached Table of Real Estate List (hereinafter “instant land”).

The Defendant is the owner of the section for exclusive use (C; hereinafter referred to as the “section for exclusive use”) listed in the attached Table No. 2 of the real estate list among the instant apartment units (hereinafter referred to as the “instant apartment units”) of the instant land-based reinforced concrete structure (refinite), concrete branch, roof 10 floors, etc.

B. On August 26, 2011, the instant land was divided into the Ulsan-gu D Dae-gu, Ulsan-gu, Ulsan-gu, Seoul-do 2,093 square meters (hereinafter “instant land before the instant partition”) and the instant land divided into the Ulsan-gu Dag-gu 1,047 square meters and the instant land.

Before the instant partition, there was a dormitory building of the 2nd floor of reinforced concrete structure slive roof and a warehouse of the general steel structure slive roof (hereinafter “existing building”). However, E and F completed the registration of ownership transfer concerning the land before the instant partition and the existing building on July 21, 201, respectively.

C. On July 21, 201, the E and F completed the registration of ownership transfer with respect to the land prior to the instant partition and the existing building of this case, the registration of ownership transfer with respect to the said land and building, which was completed by the mortgagee as G association (hereinafter “instant joint collateral security”).

After dividing the instant land before the instant partition on August 26, 201, on October 10, 201, the share of one half of the 1,047 square meters in Ulsan-gu, Ulsan-gu, for the reason of dividing the jointly owned property on the same day, was transferred to H, while one half of the share in the instant land was transferred to E, respectively.

On the other hand, on August 26, 201, the instant land divided into the instant land prior to the instant subdivision was registered as a joint collateral.

E. After the establishment of the instant joint collateral security, the instant existing building was demolished, and the building permit for the instant apartment (18 households) was issued on September 26, 2011, and the sales contract for the instant apartment was concluded for each of the houses.

(f).

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