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(영문) 서울남부지방법원 2021.02.16 2020가합111506
소유권말소등기
Text

All of the plaintiffs' claims are dismissed.

All the costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are the owners of 6 underground floors and 5 floors above the ground located in Gangseo-gu Seoul Metropolitan Government (hereinafter “the instant condominium building”).

Defendant L and M (hereinafter referred to as “Defendant L, etc.”) are exempt from the entry of the executor who newly constructed and sold the instant aggregate building, and the entry of Defendant KK Co., Ltd. (hereinafter referred to as “Defendant L, etc.”).

It is a trust company that has entered into a management-type land trust contract with Defendant L, etc.

B. On January 1, 2018, the Plaintiffs entered into a contract with Defendant K to purchase 10 units of 49 units among the 49 units of living facilities near the ground of the instant aggregate building (P heading, Qing, R, S, T, U, V, W heading, X heading, and Y) and the 5th underground level, and part of the 6th class below the ground level (hereinafter “each unit sale contract in this case”).

Article 2 subparag. 11 of the Parking Lot Act; "Building exclusively for parking" means a building that is used as a parking lot in excess of the ratio prescribed by Presidential Decree among the total floor area of the building.

On April 29, 2019, the new construction of the instant condominium building, which is an exclusive parking building, was completed, and the registration for the preservation of ownership was completed in the name of Defendant K.

(d)

The ground part of the instant condominium was newly constructed for the use of neighboring living facilities, and underground part was for the parking lot.

Of the first and fifth floors adjacent to the ground living facilities, a house room, the sale of which has been completed, was completed, including the plaintiffs, for the transfer of ownership in the names of both parties, including the plaintiffs, and for the first to fourth floors among the underground parking facilities, including each real estate listed in the separate sheet (hereinafter referred to as "each of the instant parking lots"), for the first to fourth floors, for the ownership transfer of 1/2 shares in the name of the defendant L, for the ownership transfer of 1/2 shares in the name of the defendant M, for the fifth and sixth floors among the underground parking lots, the ownership of the shares in the names of both parties (hereinafter referred to as "the plaintiffs, etc.") including the plaintiffs was completed before the transfer of ownership.

【Uncontentious facts, Gap 1, 4, 9, 11 evidence, Eul 1, 2 evidence.

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