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(영문) 수원지방법원안산지원 2016.11.30 2016가단6910
소유권이전등기절차이행
Text

1. As to the share 4.589/1,611.3 of the 44.589/1,611.3 square meters of the members of Ansan-si, Ansan-si:

(a) Defendant Korea Water Resources Corporation.

Reasons

Facts of recognition

Around April 3, 2001, Defendant Lojin Co., Ltd. (hereinafter “Defendant Co., Ltd”) was sold in lots from Defendant Korea Water Resources Corporation (hereinafter “Defendant Co., Ltd”) in Ansan-si 1,611m2 (hereinafter “instant site”).

The Defendant Company constructed the instant building site of reinforced concrete structure, concrete flat roof, and six-story aggregate building (hereinafter “instant building”) and completed the registration of ownership preservation on November 6, 2002. However, the instant building site remains in the name of Defendant Corporation because it did not register the ownership transfer.

On October 30, 2002, Defendant B purchased the instant building 402 from Defendant Company and completed the registration of ownership transfer on November 22, 201 of the same year, and succeeded to the status of the buyer of the Defendant Company as of February 26, 2004 as to 44.589/1,611.3, which is corresponding to the instant site shares.

Defendant C acquired ownership of the instant building No. 402 through a voluntary auction on September 11, 2006.

On May 24, 2012, the Plaintiff acquired the ownership of the instant building No. 402 by voluntary auction.

【Grounds for Recognition】 Defendant B, and C: Each confession and each other Defendants: Gap evidence Nos. 2 through 5, Eul evidence No. 1, and the legal principles related to the purport of the entire pleadings, but the constructor of an aggregate building purchased the relevant site, but did not complete the registration of ownership transfer.

If an aggregate building is constructed on the ground upon delivery of the site due to the execution of the sales contract, it is the validity of the sales contract and has the right to possess and use the site. In such a case, the actual requirements for the acquisition of ownership are satisfied by purchasing the exclusive ownership and the share of the site from the constructor of the aggregate building in the form of sale, but the actual requirements for the acquisition of ownership are satisfied, but the registration of ownership transfer is completed only for the exclusive ownership and for the share of the site, a person who has not completed

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