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(영문) 수원지방법원평택지원 2015.05.08 2014가단19092
소유권일부이전등기
Text

1. As to the portion of 47.4745/6/641 among the 641.6 square meters in Pyeongtaek-si Co., Ltd. to the Plaintiff, the Defendant shall have exclusive ownership on August 22, 2008.

Reasons

1. Facts of recognition;

A. On August 22, 2008, the Plaintiff purchased the commercial buildings listed in the separate sheet (hereinafter “instant commercial buildings”) in the DD real estate auction case and acquired its ownership.

B. The Defendant purchased on May 26, 2005, and completed the registration of ownership transfer as the receipt No. 38327 of the Suwon District Court’s receipt on September 25, 2008. At present, the registration of ownership transfer following the disposition of the portion of exclusive use of the instant commercial building was completed in the third party’s name. The Defendant owned the remainder of shares other than that the transfer of ownership was completed in the third party’s future.

(Co-ownership by Defendant and nine others).

The site ratio of the commercial building of this case is 47.4745/641.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, the purport of the whole pleading

2. Determination

A. We examine the judgment as to the cause of claim, Article 2 subparagraph 6 of the Act on Ownership and Management of Condominium Buildings (a abbreviationd name), Article 20 (1) of the Act provides that "the right to use site refers to the right that a sectional owner has against the site of a building in order to own a section for exclusive use," and Article 20 (2) of the Act provides that "the right to use site of a sectional owner shall be subject to the disposition of his/her section for exclusive use," and Article 60 (1) of the Registration of Real Estate Act provides that "the sectional owner shall not dispose of his/her right to use site separately from his/her section for exclusive use."

In full view of the provisions of the above law, the plaintiff acquired the commercial building of this case, which is a section for exclusive use, and acquired the right to use the site.

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