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(영문) 대전지방법원 2018.05.17 2017가단228646
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Attached Form

2. Of the listed condominiums (hereinafter “instant condominiums”), the registration of ownership transfer was completed in Defendant B’s future on the ground that the registration of ownership transfer was completed on October 1, 1983 with respect to the 65.72 square meters of D’s underground floor, steel reinforced concrete shipbuilding store (hereinafter “instant condominiums”) and the registration of ownership transfer was completed in Defendant C’s future on the ground that the registration of ownership transfer was completed on October 1, 1983, and the registration of ownership transfer was completed on the 49.71 square meters of D’s reinforced concrete building 49.71 square meters (hereinafter “instant E”), but the Plaintiff was awarded the instant store and E-ho each through voluntary auction procedure on November 1, 1985.

B. Attached Form corresponding to the land which is the object of the site right of the instant condominium

1. The land indicated in this case (hereinafter “instant land”) was owned by the co-owners, including the Defendants. The ownership of the aggregate building constructed on the instant land was changed to the ownership of co-owners, including the Defendants. The ownership of the land corresponding to the purpose of the site ownership was sold together and the ownership of the land was registered. At present, the ownership of the remaining co-owners, excluding the shares of Defendant B, 61.5/2463 and the shares of Defendant C, 48.75/2463, which are the shares of Defendant C, are registered as the ownership of the instant aggregate building.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment (selective assertion)

A. The Defendants’ share in the land of this case, one of the Plaintiff’s assertions as to the completion of the statute of limitations for acquisition of possession, is the part used by the Plaintiff as the site ownership of the store of this case and the E-owned section of exclusive ownership at the auction on November 1, 1985, and it has been occupied in a peacefully and openly as to the share in the pertinent land after the successful bid. As such, the statute of limitations for acquisition of possession was completed around November 1, 2005, and the Defendants are limited to the Plaintiff on the completion of the statute of limitations for acquisition of possession.

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