logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.10.17 2017다286485
건물인도 등
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. The reasoning of the lower judgment and the record of the instant case reveal the following facts.

The building of this case was newly constructed in around 1993, and two partitioned buildings under E and F for each floor from the first to the fourth floor are located at the right and right, and the area and structure are the same.

In the process of building the aggregate building register after the construction of the building in this case, the current status of the building, which was modified by E and F marked on the entrance of section for exclusive use by floor, was attached. Other matters shall coincide with the entry of the aggregate building register and the title section of the real estate register.

The sectional owners of the instant building commenced possession of a sectioned building according to the indication of the entrance of section for exclusive use consistent with the building number in the registry section, and based on this, all legal relations were formed.

B. Of the instant building on the registry, the second floor E was owned by G, but the Plaintiff, as the highest price buyer in the voluntary auction procedure, paid the purchase price on May 31, 2016.

around 2012, the Defendant acquired the ownership of the second floor of the instant building on the registry, and continuously occupied the building indicated by J in the entrance, and the building immediately adjacent to the entrance by K is leased from G and resided therein.

C. The sectional owners of the fourth floor E and F of the instant building were aware that the present state of the instant building was changed from one another in around 2007, and applied for correction of indication, and the present state of the building attached to the collective building register was replaced in line with the actual state.

Since then, the rest of sectional owners, except the fourth floor of the instant building, filed an application for the correction of the aggregate building ledger, and on May 18, 2016, the aggregate building ledger was corrected in a way that the current status of the buildings under subparagraphs E and F was improved for each floor.

Accordingly, the entrance of the section for exclusive use by each floor of the instant building and the current status of the building attached to the collective building ledger are consistent.

arrow