beta
Text
1. Of the judgment of the court of first instance, the part of the claim against the defendant Korean bank and the building register against the defendant B.
Reasons
1. The reasoning for this court’s explanation concerning the Defendants’ main defense is as stated in the part on the Defendants’ main defense under Article 420 of the Civil Procedure Act, since the reasoning for the judgment of the court of first instance is the same as that for the part on the Defendants’ main defense.
2. Judgment on the merits
A. Basic facts 1) The Plaintiff is an aggregate building consisting of 63 sections in total, Songpa-gu Seoul and D Apartment Complex Complex (hereinafter “instant commercial building”).
(2) On June 9, 2006, Defendant B completed the registration of ownership transfer of one-half of each of the above sections of exclusive ownership (hereinafter referred to as “existing sections of exclusive ownership”) with R on August 11, 1997, the management body consisting of sectional owners. The above section of exclusive ownership was approved for use on August 11, 1997, and was registered in the building ledger as a collective building. Defendant B completed the registration of ownership transfer of one-half of each of the above sections of exclusive ownership (hereinafter referred to as “existing sections of exclusive ownership”).
3) On June 28, 2006, the existing sectioneds are merged with No. 111 (205.83mm2) of the commercial building of this case (hereinafter “the instant merger”).
(2) Defendant B, who was registered in R’s name on August 22, 2006, filed a transfer registration of shares in his/her own future with respect to the remaining one-half portion of No. 111 that was registered in R’s name. Meanwhile, on September 14, 2006, the aforementioned combined No. 1111 was converted into the instant commercial building No. 111 (MM) and No. 125 (MM) (hereinafter “the instant conversion”).
The building plan of the first floor among the building plans of the building register concerning the commercial buildings of this case after the merger and conversion is as shown in the annexed Form 2. 4) The defendant Korean Bank Co., Ltd. (hereinafter referred to as the "Defendant Bank") around May 24, 2006 shall be as between the defendant B and R, respectively.