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(영문) 전주지방법원 2020.12.01 2019가단22144
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The building of five stories above the five stories above the ground located in the Jeonju-gun, D, E, and F, and the one story below underground (hereinafter “instant building”) was owned by the Plaintiff in proportion to the shares of the Plaintiff 273.6/1,482.45 shares (acquisition on July 2, 2014), the Defendant 1,154.85/1,482.45 shares (acquisition on February 26, 2010), G 54/1,482.45 shares (acquisition on June 25, 1993).

B. On July 2014, the Plaintiff, the Defendant, and G agreed to divide the said building into a collective building upon consultation and after completing the registration of subdivision into a collective building, reflecting the current status and shares of possession and sharing.

(hereinafter “instant agreement”) C.

On July 28, 2014, due to the division of common property on July 18, 2014, among the building in this case, the registration of ownership transfer was completed as owned by each of the plaintiffs in relation to H, I, J, K,L, and M, and as to N,O, P, Q, and R, respectively, and as to S, the registration of ownership transfer was completed as owned by each of the plaintiffs in relation to the building in this case.

(each mutual equity transfer). (d)

Of the underground floors H & N of the instant building (attached Form 1, 2 real estate; hereinafter “instant store”) 327.6/1,482.45 shares, each of the 327.6/6/1,482.45 shares (the Plaintiff’s shares 54/1,482.45 shares) of the instant building (the Plaintiff’s shares 6/1,482.45 shares) was completed on July 28, 2014 on the ground of the division of common property under the Defendant’s name on July 18, 2014.

(A) The following facts: (a) The store in this case is owned by the sole owner of the defendant; (b) No. 1, 2, A’s evidence No. 2, A’s evidence No. 3-1, 2, 3, B’s evidence No. 1-1 through 12, B’s evidence No. 2-1 through 14, Eul’s evidence No. 3-1, 3-5, the witness G’s testimony, and the purport of the whole pleadings.

2. The grounds for appeal are as follows: (a) the process of converting the instant building into an aggregate building (an aggregate building) and the process of transferring the registration of the instant building as owned by each single unit of the sectional building is deemed to have been processed en bloc through consultation and the request for design services; and (b) the first co-ownership share status of the instant building and the Plaintiff after the subdivision registration on July 28, 2014.

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