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(영문) 서울서부지방법원 2015.06.05 2015나30088
소유권이전등록
Text

1. All appeals filed by the Defendants and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are the defendants and the defendants.

Reasons

1. Basic facts

A. On April 26, 2005, Defendant A purchased the land listed in the list of annexed Form 1 (hereinafter “instant site”) and the multi-family housing building for its ground from Annex I, and completed the registration of ownership transfer in the future of Defendant A on the same day. On May 13, 2005, Defendant A changed the classification and use of the above ground building from general buildings to multi-unit buildings.

Accordingly, the aggregate building register was newly prepared on May 20, 2005 with respect to the above ground building, and on May 23, 2005, the aggregate building register was established.

(hereinafter referred to as the “instant aggregate building”). All sections for exclusive use of the instant aggregate building are five households, and each area of the said sections for exclusive use is below the following.

same as the statement in the list of paragraphs.

B. On May 20, 2005, the new aggregate building register was sold in whole by five households of exclusive ownership. On May 20, 2005, the registration of aggregate building was completed, Defendant A transferred the registration of ownership transfer to each purchaser with respect to the exclusive ownership of the instant aggregate building, but the instant building was left under Defendant A’s name without completing the registration of ownership transfer.

C. In the case of J compulsory auction by the Seoul Western District Court, the Plaintiff purchased 301 of the instant condominiums (attached Form 3; hereinafter “301”) at the highest price, and acquired ownership of 301 by full payment of the purchase price on January 24, 2013. On January 28, 2013, the Plaintiff purchased 201 of the instant condominiums (attached Form 2; hereinafter “Attachment 201”) from K as the immediately preceding owner, and acquired ownership of 201 by completing the registration of ownership transfer on the same day.

The first person who acquired the mark of the section for exclusive use with the number of 101 square meters, No. 101, No. 35.28 square meters in size, No. 2201, No. 33.39 square meters in size, No. 3202, No. 3202, No. 4301, No. 48.24 square meters in QR 4301, No. 48.24 square meters in size. 180.00 square meters in size.

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