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(영문) 부산지방법원서부지원 2019.09.25 2018가단107730
소유권이전등기
Text

1. The defendant shall pay to the plaintiff the share of 1/2 of the real estate listed in the attached Table 1 and the real estate listed in the attached Table 2 among the real estate listed in the attached Table 1.

Reasons

1. Facts of recognition;

A. A number of stores are located on the second floor (such as lighting E; hereinafter “F market building”) above the ground of 1623m2 (hereinafter “instant land”) in Busan Northern-gu, Busan Northern-gu (hereinafter “instant land”).

B. Of the instant land, the Plaintiff completed the registration of ownership transfer on March 31, 1987 with respect to 17.16 square meters and 17.16 square meters for 17.16 square meters for 1000/49120 shares and 17.16 square meters for 2nd floor (hereinafter “instant building” or “the 1st floor and 2nd floor store”).

C. As above, the instant building is divided into the 1st floor store and the 2nd floor store, but it is registered as a group G of the F market building in the register without the separate registration.

On February 1993, the Plaintiff sold the second floor store of this case to Non-Party H and issued documents necessary for the registration of transfer of ownership to Non-Party H.

E. Although Non-party H did not purchase the first floor store of this case, he completed the registration of ownership transfer on March 4, 1993 for all of the 100/49120 shares out of the land of this case and the first floor store and the second floor store of this case on the ground of sale on February 23, 1993.

F. Nonparty H completed the registration of ownership transfer on December 19, 1994 (hereinafter “the registration of ownership transfer”) with respect to the Defendant’s 500/49120 shares of the instant land and the 1/2 share of the instant 1st floor store (Provided, That the instant 1st floor store and 2nd floor store are not registered as a sectioned building, and thus the registration of ownership transfer has been made in the Defendant’s future with respect to the entire 1/2 share of the instant building).

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, Nonparty He purchased from the Plaintiff the shares of 500/49120 of the instant land and the second floor store of this case.

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