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(영문) 서울남부지방법원 2015.10.29 2015가합104689
채무부존재확인
Text

1. A debt owed to Defendant B following the Plaintiff’s possession of real estate listed in the separate sheet on June 5, 2014

Reasons

1. Facts of recognition;

A. The Yangcheon-gu Seoul Metropolitan Government D D. D. 212.5 square meters (hereinafter “instant one land”) owned by E and C. 20 square meters (hereinafter “instant 2”) by F, G. G. 32.5 square meters (hereinafter “instant 3 land”), respectively, by H. However, the said 3 owners of the instant 1, 2, and 30 square meters (hereinafter “instant 3 land”). On January 198, the said 198, the said 3 newly built the 1st underground floor and the 4th ground 4th unit.

B. I were sold as a sectional ownership building of 18 households, and the instant land 1, 2, and 3 (total site area of 745 square meters) was allocated as a sectional ownership right of 39.264 square meters, 401, and 402, respectively, to 15 households of 39.264 square meters, 401, and 52.013 square meters, and 52.014 square meters, respectively, on the 15th underground floor.

C. 204 among the sectional ownership buildings of the Iunified Housing (hereinafter “the instant housing”) was completed on January 21, 1998 under E on the sectional ownership of the Iunified Housing. In the indication column for the site ownership of the pertinent land in the registry, the shares of 39.264/745 of the instant land were registered as the site ownership.

However, the separate registration of the land of this case 2 remains the establishment registration of a neighboring mortgage bank, Choung-ung Bank, Inc. established on June 14, 1994, and Defendant B, who is not the sectional owner of the IB-based housing on December 14, 2005, acquired the shares of 653.723/745 (the remaining shares excluding the shares corresponding to the site ownership of 203 and 402 out of the I-based housing of this case 2) from the site ownership of this case, was separately disposed of in the land ownership of this case.

E. The Plaintiff purchased the instant house at the auction on May 14, 2014 from the procedure for compulsory auction (Seoul Southern District Court J) on the instant house and completed the registration of ownership transfer on June 5, 2014.

F. On June 29, 201, the monthly rent as of June 29, 201 is KRW 832,000, respectively, based on the premise that the site status of a site for the land ownership (39.264/745 shares among the land in this case 1, 2, and 3) under Nos. 104 and 301 of an I-built house is based on the status of a site.

[Ground of recognition] A.

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