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(영문) 춘천지방법원 2015.10.30 2015나1226
소유권이전등기
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) are dismissed.

2. An objection to the trial;

Reasons

1. The court's explanation on this part of the basic facts is based on the reasoning of the judgment of the court of first instance, as stated in Article 420 of the Civil Procedure Act.

2. Judgment on the plaintiff's main claim

A. The gist of the Plaintiff’s assertion is that the existing building of this case and the additional 1,2 buildings of this case are independent buildings, and the Plaintiff acquired the ownership from L who acquired ownership through the auction procedure in the case of the additional 1 building of this case, and acquired the ownership by means of giving up ownership. The additional 2 building of this case acquired ownership by new construction

However, in the process of the second auction procedure of this case, the additional 1 and 2 buildings owned by the plaintiff were included in the objects of auction, and the registration of ownership transfer was completed in the name of the defendants.

Therefore, since the registration of ownership transfer in the name of the Defendants against the instant Additional 1 and 2 is null and void, the Defendants are obligated to implement the registration procedure for ownership transfer on the instant Additional 1 and 2 building due to their respective shares recovery.

B. In the event that a building of the relevant legal doctrine is extended, not only the physical structure attached to the existing building, but also whether the extended part can be an independent economic utility from the existing building in terms of its use and function, and the intention of its owner should be determined by comprehensively taking into account the following factors: (a) whether the extended part can be an independent economic utility and independent of the existing building; and (b) whether the extended

In addition, as long as the extension portion of the existing building is consistent with the existing building and it cannot be separated from the existing building, the right to collateral security on the existing building also takes effect in the extension section consistent with Article 358 of the Civil Act, so even if the successful bidder had not been assessed as the object of auction at the auction procedure for the existing building, the ownership of the corresponding extension portion shall also take

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