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1. As to Defendant B’s share of 38.5/2, among the 48,150.2 square meters in Ansan-si Co., Ltd., Defendant B, as to the share of 48.5 square meters.
Reasons
1. Facts of recognition;
A. On November 30, 1987, Defendant C & 48,150.2 square meters from the Korea Water Resources Corporation (hereinafter “instant site”) purchased from the Korea Water Resources Corporation, and completed the registration of ownership transfer in its name on December 26, 1990.
B. Defendant D apartment (including a 5-story apartment building and a 4-story commercial building) consisting of reinforced concrete building slabs, on the instant site, was newly built on May 30, 1989, and completed the registration of ownership transfer on its own name with respect to No. 128-dong 502 (hereinafter “instant apartment”).
Since June 21, 1989, E, June 8, 1996, F, October 7, 201, G, and March 31, 2016, with respect to the apartment of this case 502, the registration of ownership transfer was completed in sequence in the name of Defendant B on June 21, 1989.
C. On February 28, 191, Defendant Had Construction completed the registration of ownership transfer on the portion of 38.5/150 of the instant site corresponding to the right to use the site of the apartment of this case from February 28, 191 to E, but E did not register the right to site in relation thereto.
G has completed on November 16, 201, the registration of ownership transfer (hereinafter “instant ownership transfer registration”) with respect to the portion of 38.5/150 of the instant land from Defendant D World Construction, and completed the registration of ownership transfer with respect to the said portion.
E. The plaintiff B.
In the procedure of compulsory auction (referred to as the "instant auction procedure"; hereinafter referred to as the "instant auction procedure") with regard to 402 apartment buildings among apartment buildings listed in the port, the above commercial building is purchased and completed on May 12, 2016.
F. The Plaintiff filed an application for share transfer registration with this court concerning 2.828/28/150 of the instant site that constitutes the right to use the site of the instant apartment No. 402, but the instant court registry officer only held only 3.195/2 of the instant site and filed an application by the Plaintiff.