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(영문) 서울서부지방법원 2018.01.23 2016가단213803
대지권지분이전등기 등
Text

1. The claim against Defendant B among the instant lawsuit is dismissed.

2. Defendant C: (a) On 166.4, Seodaemun-gu Seoul, Seoul, the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 27, 2001, Defendant C obtained a construction permit to build multi-household buildings (pre-owned part 6 households, 101, 201, 202, 301, 302, 401, and 401) 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, and 401) around 27.

B. Since September 20, 2001, Defendant C newly constructed and completed the building indicated in the separate sheet (hereinafter “instant building”). Unlike the building permit, Defendant C extended 101 units on the first floor without permission, extended 401 square meters of 401 square meters on the fourth floor to 69.11 square meters, and failed to obtain approval for use from the head of the competent Gu, and was not registered in the collective building ledger.

C. As to the site of this case, at the auction procedure (F, G) initiated by Defendant C, the creditor of Defendant C, and the Hanhee Saemaul Depository, the mortgagee of the right to collateral security, respectively, on December 19, 2006, Defendant B was awarded a successful bid and completed the registration of ownership transfer on January 19, 2007.

Meanwhile, on December 207, 207, upon the commission of an auction court under the procedure of compulsory auction (this court H) initiated with respect to No. 401 of the instant building (hereinafter “instant exclusive ownership”), the registration of preservation of ownership under the name of Defendant C was completed on the commission of the auction court under the procedure of compulsory auction (hereinafter “instant exclusive ownership”), and thereafter, the Plaintiff was awarded a successful bid on August 6, 2015 in the procedure of compulsory auction (hereinafter “instant auction procedure”).

9.21. Completion of the registration of ownership transfer.

E. Site ownership concerning the instant section for exclusive use is 45.959/166.3 shares (hereinafter “instant site ownership”).

[Ground of recognition] Facts without dispute, Gap 1, 2, and 4 (including virtual numbers), the purport of the whole pleadings

2. The Plaintiff filed a claim against Defendant B with respect to the instant site, and the registration of the transfer of Defendant B’s ownership on the instant site is prohibited from disposing of the said site separately from the section of exclusive ownership.

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