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(영문) 서울서부지방법원 2018.08.30 2018나32115
대지권지분이전등기 등
Text

1. The judgment of the court of first instance is modified as follows.

The defendant is 45.953 m20,000 m2,000,000 m2,000.

Reasons

1. Facts of recognition;

A. On April 27, 2001, the Defendant obtained a construction permit to construct a multi-household building with the section for exclusive use as six households (Nos. 101, 201, 202, 301, 302, 401, and 62.69 square meters in size 62.69 square meters) on the ground of Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant site”) around the same year.

7. A permit was obtained for changing the section of exclusive ownership into five households (No. 201, 202, 301, 302, 401 square meters) around 27.

B. On September 20, 2001, the Defendant newly constructed and completed the building indicated in the separate sheet (hereinafter “instant building”). Unlike the construction permit, the Defendant extended 101 units on the first floor to 101 square meters without permission, extended 401 square meters on the fourth floor to 69.11 square meters, and failed to obtain approval from the head of the competent Gu, and failed to obtain registration on the collective building ledger.

C. On December 20, 2007, the registration of the preservation of ownership in the name of the Defendant was completed on the commission of an auction court due to the procedure of compulsory auction (Seoul Western District Court H) commenced for the 401 portion of the instant building (hereinafter “the instant section for exclusive use”). The size of the section for exclusive use was stated as 102.45 square meters, and I purchased it at the auction procedure.

The same year as the Plaintiff purchased the instant section of exclusive ownership on August 6, 2015 in the procedure of compulsory auction (Seoul Western District Court K, hereinafter “instant auction procedure”) that had been transferred to J and re-established after the transfer of ownership.

9.21. Completion of the registration of ownership transfer.

Site ownership concerning the instant section for exclusive use is 45.953/166.3 shares (hereinafter “instant site ownership”) as indicated in the following calculation table:

(The plaintiff calculated the exclusive use area of 301 by mistake not 80.75 but 80.7, and calculated the site ownership ratio of the instant section of exclusive ownership somewhat excessively as in the purport of the claim). The site ownership ratio = the site ownership ratio of the instant section of exclusive ownership = the exclusive use area of the instant building (166.3) ¡¿ the exclusive use area/exclusive use area of the sectional building (370.74) and the minority point below the fourth decimal point.

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