logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2018.12.13 2018가단3512
배당이의
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 December 30, 1994, the register of aggregate buildings was opened on the condition that there was no indication as to the right to a site in relation to E apartment (the first name was a F apartment but changed to the name as of August 18, 2010) located in Jeju-do Incheon-gun C and D (hereinafter “instant apartment”) No. 101, 101, and 105, 1005, respectively (hereinafter “instant apartment”).

B. On December 3, 199, Nonparty G purchased the instant apartment through a voluntary auction on December 3, 199, and on October 21, 2002, KRW 33.4674/6,805 of each of the instant apartment sites, which were used as the site of the instant apartment, purchased from the E Apartment Council on two occasions on October 21, 2002, and the shares of KRW 33.4674/6,805 of each of the instant apartment sites are deemed to be the shares of each of the instant sites corresponding to the portion of the E apartment section for exclusive use. G purchased two times the shares of KRW 33.4674/6,805 for each of the instant sites, and it appears that the E apartment owned another apartment, other than the instant apartment.

On the 26th of the same month, each registration of ownership transfer is completed.

C. G sold 6.9348/6,805 shares of each of the instant lands on October 6, 2004 to the Plaintiff, and completed the registration of ownership transfer in the name of the Plaintiff on the 13th of the same month. On July 20, 2005, the Plaintiff sold 33.4674/6,805 shares of each of the above shares to H, and currently holds only 3.4674/6,805 shares of the instant lands.

On July 19, 2017, upon Defendant’s application, the decision to commence a compulsory auction of the instant apartment was issued on July 19, 2017, and the said court conducted an auction including KRW 74,440,000 and KRW 18,60,000,00 on the minimum sale price after stating that the existence of the right to the site of the instant apartment was not revealed in the specifications of the instant apartment, and that “the status of the right to the site is unregistered, and whether the right to the site is unknown,” was stated in the specifications of the sale

E. On June 29, 2018, the apartment of this case was sold to I in 69,759,990 won in the above auction procedure, and the said court had the same year.

7.23.Date of Distribution in progress.

arrow