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(영문) 울산지방법원 2016.03.22 2015가단24507
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 6, 2014, the Defendant purchased from the Plaintiff in Ulsan-gu D, Ulsan-gu, 106 Dong 402 from the Plaintiff for KRW 120 million, and completed the registration of ownership transfer on October 15, 2014.

(hereinafter the above 106 dong 402 "the building of this case" and the above 106 dong 402 "the sales contract of this case" B.

The building of this case is located between the Bara and G land belonging to the building of this case, and it is used as a road by the residents of the above Bara, etc.

(hereinafter referred to as “instant land”) C.

The land of this case is owned by 15 members, including the plaintiff, after completing the registration of ownership transfer on January 18, 199 each 1/15 shares.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A Nos. 1, 3 through 5, the purport of the whole pleadings

2. Determination

A. Of the Plaintiff’s assertion, 1/15 shares owned by the Defendant were included in the instant sales contract as an accessory to the instant building, and the Defendant also assumes the transfer of the said land shares when concluding a sales contract with the knowledge of such fact. As such, the Defendant is obligated to implement the procedures for the transfer registration of ownership as to shares of 1/15 out of the instant land.

B. Article 100(1) of the Civil Act provides that when the owner of a thing has attached thereto another thing owned by him/her in order to permanently facilitate the use of such thing, the accessory is an accessory.

According to the health stand, Gap evidence No. 3 as to whether the land of this case was attached to the Ba to which the building of this case belongs, it can be acknowledged that the land of this case is used as a road for the purpose of gaining access to the Ba, but it is difficult to view that the above facts alone are attached to the Bara, a separate real estate.

In addition, accessories must contribute to the commercial use of main products, and shall contribute to the commercial use of main products.

State means the making the State of its own economic utility;

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