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(영문) 부산지방법원 2017.02.07 2015가단65086
소유권이전등기절차이행
Text

1. Of the buildings listed in the annex list:

A. As to Defendant B’s share 15/130

(b) Defendant (Appointed Party) E, Appointed F, and

Reasons

1. Facts of recognition;

A. On December 2, 1975, the Plaintiff purchased 362/3085 shares of 1/2 shares of J and K in 1/2 shares of 1/3085 shares of 1/2 shares of 1/300 of 1/300 of 1/2 shares of 1/300 of 1/300 of 1/2 shares

4. He completed the registration of ownership transfer for the above 362/3085 shares.

B. On March 22, 1976, the Plaintiff newly constructed a building on the instant site in which it is unregistered (hereinafter “instant building”) and registered it as a co-owner with the said K on the building ledger on March 22, 1976.

4. 30. Transfer of ownership was registered as a sole owner on the ground of ownership transfer.

C. Building permission on the instant building was made on December 7, 1975, and approval for use was made on March 22, 1976, respectively, and the Plaintiff occupied and used the instant building until now after approval for use was granted.

K died on November 18, 1990, and accordingly, the defendant B succeeded jointly to the shares of 15/65, the defendant E, the Appointed Party F, the defendant C, and the defendant D, each of the 10/65 shares, the Selection G, the 6/65 shares, and the Selection H 4/65 shares.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 10, the purport of whole pleading

2. According to the above facts, the plaintiff can be found to have acquired the ownership of the whole building of this case by purchasing co-ownership shares on the site of this case at his own expense and constructing the building of this case. Even if the deceased K acquired the above building with 1/2 shares of the plaintiff and each of the plaintiff, it shall be sufficiently recognized that the plaintiff's ownership is transferred to the plaintiff on the building ledger as long as it was registered as transferred to the plaintiff and the plaintiff occupied and used the building with the intention of ownership for 20 years or longer.

Therefore, with respect to the network K, the ownership of 1/2 shares on the building ledger of this case, is unclear, the Defendants and the designated parties, who are co-inheritors, are each of the shares of 1/2 shares in the building of this case.

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