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(영문) 청주지방법원 2018.10.17 2018나61
손해배상(기)
Text

1.The judgment of the first instance, including any claims added at the trial, the primary claims and the preliminary claims, shall be as follows:

Reasons

1. Facts of recognition;

A. On October 29, 198, the Defendant completed the registration of ownership transfer on October 20, 198 with respect to the share of 87/228 square meters with respect to 87/228 square meters in Gangwon-gun, Gangwon-gun F. 228 square meters (hereinafter “instant land”). On June 8, 1990, the Defendant completed the registration of ownership transfer on May 18, 1990 with respect to the share of 33/228, out of the share of 87/228 of the said land under D’s name.

B. On May 18, 2004, the Plaintiff prepared a sales contract with respect to the Defendant’s share of KRW 54/228 (hereinafter “instant share”) among the instant land at KRW 30 million (hereinafter “instant sales contract”). On May 19, 2004, the Plaintiff completed the registration of entire share transfer with respect to the instant share (hereinafter “instant transfer of ownership”).

C. 1) The Plaintiff is a building constructed on the instant land (hereinafter “instant building”).

Of the rent for the Plaintiff’s co-ownership from the possession and use of the instant land against G, H and I, the sectional owners of the instant land, the Plaintiff’s co-ownership obtain profit equivalent to the rent corresponding to the portion of exclusive ownership, which falls short of the adequate share of land to be registered corresponding to the portion of exclusive ownership by sectional owners, and claimed that the Plaintiff suffered damages equivalent to the same amount, and that the Plaintiff filed a claim for land rent claim against the Plaintiff. (2) The said sectional owners of the instant building violated the principle of prohibition of separate disposal as stipulated in the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Joint Buildings Act”), and thus, the said registration of ownership transfer in the name of the Defendant among the instant land is null and void, since the ownership transfer registration in the Plaintiff’s name was also null and void, the Plaintiff was not the co-owner of the instant land, and thus, did not have the right to claim the rent against the sectional owners.

3 In the case of Chuncheon District Court 2015Na4218, the appellate court of the above case, the above court shall have the right to use the site.

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