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(영문) 인천지방법원 2020.05.15 2018가단29824
소유권확인등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The construction of sectional ownership buildings and the transfer of ownership in the site 1) The building site in the Nam-gu Incheon Metropolitan City is located in the building site 436.1m2 (hereinafter “instant land”).

D) D, the owner of which was the owner, around 1982, shall be three-story housing and neighborhood living facilities (hereinafter referred to as “one building”) on the ground of the instant land of reinforced concrete structure.

A) A new building was built from July 1, 1982 to December 1, 1983, and the first building was divided into several sections for exclusive use, and completed the registration of ownership preservation in its own name. D thereafter, around 1985, is again a house for three-story neighborhood living facilities with reinforced concrete structure on the ground of the instant land (hereinafter “second building”).

2) On April 22, 1985, D newly constructed several sections for exclusive use, and completed registration of initial ownership in its own name on which registration of initial ownership was completed on April 22, 1985. 2) D did not complete registration of initial ownership on the instant land, which is the site of the first and second buildings, and completed registration of ownership transfer on the instant land, which is the site of the first and second buildings, in the process of completing registration of ownership transfer on the said sections for exclusive use, and completed registration of ownership transfer in the name of the buyers of each section for exclusive use/875 of the instant land as to the first and second buildings.

After that, each section of the first and second buildings was transferred entirely.

3) D transferred a part of the instant land to the buyer of the building Nos. 1 and 2 as above, but D transferred a part of the instant land to the buyer of the building No. 159.9/875 shares (hereinafter “instant shares”) out of the instant land.

D still remains in D’s name. D still did not know such fact at that time. B) With respect to the instant shares, Incheon Metropolitan City’s attachment registration on March 19, 1992, Incheon Metropolitan City’s Nam-gu’s attachment registration on April 1, 1998, and the Korea Asset Management Corporation’s provisional attachment registration on February 17, 2001.

2D became aware that the instant shares remain in its own name only during the foregoing process.

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