2017dan3527 Registration of transfer of ownership

1. A;

2.B

3.C

4.D

5.E

6.F

7.G

8.H

9.I

10.J

11.K

12.L

13.M

14.N

15.O

16.P

17. Q.

18.R

19.S

20.T

21.U

22.V

23.W

24.X

25.Y

26.Z;

27. AA

AB Regional Housing Association

Pleadings without Oral Proceedings

September 6, 2017

1. With respect to each share of 2.707/17,522 square meters among 17,522 square meters in Guangsi-si, the Defendant shall:

1) The ground for acquiring the section for exclusive use of the real estate listed in No. 1 of the attached Table No. 3 of October 30, 2009 to Plaintiff A:

2) With respect to Plaintiff B, on October 8, 2009, on the ground of acquiring the section for exclusive use of the real estate listed in No. 2 of the annexed Table No. 2

3) On June 5, 2014, Plaintiff C on the ground of acquiring the section for exclusive use of the real estate listed in Attached Table 3:

4) The ground for acquiring the section for exclusive use of the real estate listed in No. 4 of the annexed Table No. 4 to Plaintiff D on October 1, 2009:

5) Plaintiff E on October 7, 2009: (a) on the ground of acquiring section for exclusive use of the real estate listed in No. 5 of the attached Table No. 5;

6) The ground for acquiring the portion of exclusive ownership on October 12, 2009, listed in No. 6 of the annexed Table No. 6 to Plaintiff F,

7) On August 21, 2009, Plaintiff G on the ground of acquiring the section for exclusive use of the real estate listed in Attached Table 7:

8) Plaintiff H on September 25, 2009, based on the acquisition of the portion of exclusive ownership on the real estate stated in No. 8 of the attached Table No. 8:

9) The ground for acquiring the section for exclusive use of the real estate listed in No. 9 of the attached Table No. 9 to Plaintiff I on October 7, 2009:

10) On June 4, 2015, Plaintiff J caused Plaintiff J to acquire the portion of exclusive ownership as set forth in attached Table 10:

11) The ground for the acquisition of the portion of exclusive ownership listed in No. 11 of the attached Table No. 16 of October 16, 2009 to Plaintiff K is that Plaintiff K:

12) On December 20, 2010, the Plaintiff L on the ground of acquiring the section for exclusive use as set forth in attached Table 12 for the real estate:

13) On February 24, 2011, Plaintiff M on the ground that the portion of exclusive ownership in the real estate stated in No. 13 of the Attached List is acquired:

14) The ground for acquiring the portion of exclusive ownership listed in No. 14 of the attached Table No. 14 to Plaintiff N on October 6, 2009

15) On February 22, 2010, PlaintiffO’s ground for acquiring the section for exclusive use as stated in attached Table 15:

16) On August 13, 2015, with respect to each of the shares of Plaintiff P and Q 1/2, the ground for acquiring the section for exclusive use of the real estate listed in No. 16 of the attached Table No. 16:

17) The ground for the acquisition of the portion of exclusive ownership listed in Attached Table 17 to Plaintiff R on September 23, 2015:

18) The ground for acquiring the section for exclusive use of the real estate listed in No. 18 of the annexed Table No. 18 on October 1, 2009 to the Plaintiff S:

19) The ground for acquiring the section for exclusive use of the real estate listed in No. 19 of the Attached List No. 19 on August 20, 209 to Plaintiff T:

20) The ground for acquiring the portion of exclusive ownership as stated in No. 20 of the attached Table No. 20 on October 6, 2009 to Plaintiff U:

21) On November 28, 2013, Plaintiff V caused Plaintiff V to acquire the part of exclusive ownership listed in attached Table 21:

22) Plaintiff W on April 14, 2016, based on the acquisition of the portion of exclusive ownership as stated in attached Table 22, for the acquisition of the real estate:

23) The ground for acquiring the portion of exclusive ownership listed in No. 23 of the attached Table No. 25 of September 25, 2009 to Plaintiff X is that Plaintiff X acquires the real estate:

24) On August 21, 2009, with respect to each of the shares of the Plaintiff Y and Z on the ground that the section for exclusive use of the real estate listed in No. 24 of the Schedule is acquired:

25) The ground for the acquisition of the portion of exclusive ownership listed in No. 25 of the attached Table No. 25 on October 6, 2009 by Plaintiff A,

Each procedure for the registration of ownership transfer shall be implemented.

2. The costs of lawsuit shall be borne by each person;

The same shall apply to the order.

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

Judges Yoon Jae-won

Cheongwon of the Gu

Relationship between the Parties

The real estate indicated in the attached list (hereinafter referred to as the " apartment") is an apartment which was reconstructed with the existing old house and reconstructed into a new house in the construction of the non-party 2000, and the plaintiff A and 26 others (hereinafter referred to as the "Plaintiff") of this case are divided owners according to each apartment unit, and the defendant is the local housing association established by the owners who own the existing old house, etc. in the site of the apartment for the purpose of rebuilding or redevelopment.

The circumstances leading to the filing of the instant case

The apartment is a multi-family housing approved on July 10, 2009, and the owners of each apartment unit have paid the total purchase price and the charges to acquire the ownership of the apartment as the pre-existing members and the general buyers of the apartment unit, and acquired the ownership of the apartment.

Most apartment houses, including the apartment of this case, are divided into buildings and land as general detached houses, and the structure, wide area, and the form in which there are sectional owners on the land limited differently from the one representing the owner, which is divided into several units in accordance with the laws on the ownership and management of aggregate buildings, and which does not separate the building and land into each unit and does not indicate the ownership of each unit, but indicate the structure and wide area of real estate and the rights, etc. based thereon through a separate certificate of registration that combines the land and land into aggregate buildings.

The apartment house is also registered as an aggregate building, and the plaintiff paid the sale price and contributions, etc. in full and acquired the ownership of the section for exclusive use of apartment buildings and the share of the land in accordance with each apartment unit purchased by the plaintiff.

However, on July 27, 2009, at the time when the apartment was approved for use and the preservation registration was received, but the apartment was already approved for use, but the land portion of the apartment was not partitioned, so first of all, since the building portion of the apartment was not partitioned, the owner of the apartment, including the plaintiff, has completed the registration in preference to only the apartment building portion, since there was a circumstance that it is not possible to register the ownership of the site after the rearrangement of the apartment land was completed for the soil portion after the preferential registration of only the apartment building portion by each apartment unit.

In addition, the division rearrangement of apartment land is completed on May 24, 2013, and the land registration becomes final and conclusive, and the owners of apartment buildings begin to register the acquisition of ownership of each apartment land (so-called "right of site registration").

한편 이 사건 아파트를 포함한 상당한 공동주택들은 새로이 재건축이 이루어질 때 기존 토지의 소유자들( 조합원 ) 의 지 분을 신축하는 공동주택의 각 호수별 전용면적의 비율에의하여 다시 정리하게 돠는데 이를 용이하게 하기 위하여 이사건 피고와 같은 조합에게 토지소유지분 전부를 신탁한 이후 이를 호수별 전용면적의 비율에 상당하는 대지지분만큼 다시 그 소유권을 이전받는 방식으로 진행되며, 이사건 아파트 역시 토지구획정리 이후에 피고는 각 호수가 가지고 있는 건물의 전용면적을 기준으로 정리된 대지지분만큼 그 소유권을 구분소유자들에게 이전등기하는데 협조하여야 할 의무가 있으나, 이사신 피고는 별다른 이유없이 이를 이행하는데 있어서 기준없이 상당한 금원을 아파트의 구분소유자들에게 요구하였고 아파드의 소유자들의 일부는 피고에게 이유없이 감원을 지급하고 대지지분에 대하여 이를 이전등기하였으나 이에 반발한 상당한 아파트 소유자들은 피고의 비상시적인 행태로 인하여 대지지분을 이전받지 못하고 있는실정입니다. 그래서 이사건 원고 및 소외 상당한 아파트 구분소유자들은 대 지권지분에 대하여 이를피고로부터 소유권이전등기를 하기 위하어 이미 귀원에 사건번호 2016 가합 101063 소유권이전등기 및 2016가합100916 의 사건으로 소를 제기하여 이에대한 판결 밎 화해권고결정을 받은 바 있으나 상기의 선행 소제기를 할 당시 착오로 인하여 이사건 원고들의 아파트 대지지분은 40.3070/17.522 인데 이를 2.707/17,522 만큼 부족한37.6/17.522 로 청구취지를 작성하여 이를 판결을 받은 것입니다.

According to the rules on the right to use the site (right to site) of the apartment in this case and the right to site ownership table accordingly, the shares of the apartment owned by the plaintiffs are 40.3070/17.522, and the shares of the apartment in the right to site have been written in less than 2.707/17,522 as erroneous in the previous lawsuit.

On the other hand, since the new apartment owner who purchased the apartment again to the first purchaser of the apartment in this case has purchased all the building parts of the apartment and the right to use the site accordingly, the right to acquire the site value owned by the former owner of the apartment has the right to acquire it by succession.

The actual requirements for the acquisition of ownership rights by purchasing the section of exclusive ownership in the form of sale and paying the proceeds thereof from the building, and from the building, they are entitled to occupy, use, and use the site of exclusive ownership for the ownership of the section of exclusive ownership as the validity of a sales contract, and a person who fails to obtain the registration of ownership transfer for the portion of exclusive ownership, has the right to occupy, use, and use the site of exclusive ownership under Article 2 subparagraph 6 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Act on the Ownership and Management of Aggregate Buildings"), which is a principal right, shall be entitled to the right to use the site under Article 2 subparagraph 6 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Act on the Ownership and Management of Aggregate Buildings"), and the right to use the site in which the initial buyer had purchased, or acquired, the section of exclusive ownership and ownership from the buyer by means of donation, etc. (see, e.g., Supreme Court Decision 98Da46

In the case of this case, since around May 2009, the preservation registration for only the building was completed for each apartment after the commencement of occupancy, but the present owner of the apartment purchased due to sale, etc. has the right to acquire the site shares. The date of each apartment ownership of the plaintiff of this case is as listed below:

A person shall be appointed.

Due to the above circumstances, the plaintiff acquired the ownership of the land shares in this case, but failed to make a registration accordingly. To this end, the plaintiff filed a lawsuit in Egypt and received a judgment for Egypted execution, but filed a lawsuit to the extent that the plaintiff actually acquired the shares in the land, unlike the shares in the land acquired by Egypted to 2.707/17.52, the plaintiff filed a judgment, and the plaintiff filed a lawsuit to seek the same judgment as the purport of the claim for the purpose of completing the registration of ownership transfer.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.