logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.04.04 2017가단13709
대지사용권이전등기
Text

1. As to each share of 5/130 square meters out of 215 square meters in Nam-gu Incheon Metropolitan City (Counterclaim Plaintiff)

A. The plaintiff (Counterclaim defendant) A.

Reasons

1. On December 29, 1981, the Defendant purchased an apartment building listed in attached Form 1 (hereinafter “instant apartment building”) from E and completed the registration of ownership transfer on December 31, 1981. On the same day, the Defendant completed the registration of ownership transfer as to the ownership transfer as to the 16.5/136 shares among 16.5/136 shares in Nam-gu Incheon Metropolitan City, which is the site of the apartment building, and 2.4/163 shares in G large 538.8 square meters (the sum of the above two shares in land, including F, etc.), 5/65 shares in D large 215 square meters (hereinafter “instant share”).

On April 3, 1993, the defendant completed the registration of ownership transfer with respect to the portion of land, such as the apartment and F, due to sale.

Plaintiff

A has completed the registration of ownership transfer on June 27, 2007 on the share of land, such as the apartment and F, due to a compulsory auction.

Plaintiff

B On June 28, 2011, the registration of ownership transfer was completed on the grounds of sale as to 1/2 of the shares in the instant apartment and F and other land, respectively.

The share of this case remains as owned by the defendant in the register.

[Based on recognition] Each entry of Gap evidence Nos. 1-5 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. Unless there are special circumstances such as otherwise stipulated by the regulations or notarial deeds, a sectional owner’s right to use site in the main aggregate building is recognized as a subdivision of sections for exclusive use and subordinate sections (Article 20(1) and (2) of the Act on the Ownership and Management of Aggregate Buildings). Therefore, a purchaser who purchased a section for exclusive use from an architect of an aggregate building with a site ownership and has completed the registration of ownership transfer thereof shall acquire the ownership of a portion of land and public land (hereinafter “shares of a site”) corresponding to the right to use the site of an exclusive ownership even

In addition, the effect of the mortgage established only with respect to the section for exclusive use among the section for exclusive use and the share of the site owned by the same person shall be attached to the article, except as otherwise provided by the regulations or notarial deeds.

arrow