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(영문) 서울남부지방법원 2020.09.10 2019나65175
소유권이전등기
Text

The part against the Defendants in the judgment of the first instance is revoked, and this part is against the Defendants.

Reasons

1. As to this part of the basic facts, the court shall accept this part of the basic facts in accordance with the main sentence of Article 420 of the Civil Procedure Act, inasmuch as it is identical to the corresponding part of the judgment of the first instance except for dismissal or addition as follows:

(However, the part on L, M, P, Q, R, S, and T was separated and finalized in the first instance trial. The fifth sentence "1975" in the fifth sentence of the first instance trial is deemed to be "197."

The fifth decision of the court of first instance is that the fifth through 16th of the 15th "Ma-Ma" and the plaintiff C and E transferred the registration of ownership transfer to the third party during the proceeding of the first instance court, and the remaining plaintiffs except the above plaintiffs are currently owners of each apartment of this case."

Part VI of the judgment of the first instance court [based on recognition] adds "Evidences 2, 28, and 1, 2, 9, 15 of A, and 1, 2, 9, and 15 of A.

2. The judgment of the court of first instance which dismissed the primary claim, and only the Defendants appealed against the judgment of the court of first instance which accepted the primary claim, and thus the primary claim is not subject to the judgment of this court.

(See Supreme Court Decision 2002Meu852 delivered on December 26, 2002). A.

The plaintiffs' assertion 1 is the land sold to the sectional owners at the time of the sale of N apartment, and the land used as N apartment entrance, road, parking lot, play ground, and fireproof team is the land owned by sectional owners. The defendant's representative council completed the registration of ownership transfer in the name of the defendant's representative council without registering each of the land in the name of the sectional owners, taking into account that the cost of registration tax, acquisition tax, and construction of N apartment will take place in order to register the ownership transfer according to the ratio of the whole area of the sectional owners.

Therefore, the registration of transfer of ownership in the name of the defendant's representative council is null and void according to the title trust agreement.

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