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(영문) 수원지방법원 안산지원 2018.11.08 2018가합6287
소유권이전등기
Text

1. As to the share of 155.197/3 of 3961 among the share of members of Ansan-si C, 3961.3 square meters,

(a) Defendant Korea Water Resources Corporation;

Reasons

1. Facts of recognition;

A. On August 29, 2001, Defendant B purchased an aggregate building of 3961.3 square meters (hereinafter “instant land”) from the Defendant Korea Water Resources Corporation in Ansan-si from the Defendant Korea Water Resources Corporation, and newly constructed an aggregate building of 1st and 6th above ground on the instant land.

B. As to the fourth floor No. 404 of the above aggregate building (hereinafter “the instant building”), the registration of preservation of ownership in the name of Defendant B was completed on January 28, 2003 by the Suwon District Court was received on January 28, 2003.

C. While Defendant B was unable to complete the registration of ownership transfer with respect to the share of the site of the instant building, the voluntary auction procedure was conducted with respect to the instant building, and the same roof Construction Co., Ltd. (the trade name was changed to E.S. Construction Co., Ltd. on July 11, 201, and Defendant Landong Development Co., Ltd. on February 17, 2017; hereinafter “Nandong Development”) completed the registration of ownership transfer due to the sale due to voluntary auction under the Act No. 112717, Oct. 25, 2006, which was awarded a successful bid for the instant building and completed the registration of ownership transfer due to the sale due to the same day.

C. After that, the procedure of voluntary auction was followed with respect to the instant building, and the Plaintiff was awarded a successful bid for the instant building and completed the registration of ownership transfer for reasons of sale due to the same day auction as the receipt of No. 12900 on February 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. The judgment on the cause of claim is that the seller of an aggregate building has completed the registration of transfer of ownership or the registration of change of site ownership with respect to the ownership shares of a lot to the buyer of an aggregate building at the end of the year after the cadastral adjustment was made, and that the registration of transfer of ownership with respect to the portion of exclusive ownership was completed only with respect to the portion of exclusive ownership. However, the auction procedure for the portion of exclusive ownership

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