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(영문) 창원지방법원 2016.03.24 2015나34127
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On January 23, 1984, the Human Resources Development Service of Korea constructed 50 apartment units in Changwon-si (the area of the portion of exclusive ownership per household shall be the same as 73.1025 square meters, respectively; hereinafter the above apartment units shall be referred to as the “instant apartment unit”) on the same 50 apartment units per household in Changwon-si, and completed the registration of ownership preservation on the apartment units in this case.

B. On November 10, 1986, the site on which the instant apartment was constructed was changed to 3,549 square meters in Changwon-si (hereinafter “M land”) in accordance with a disposition of replotting due to a land partition rearrangement on November 10, 1986. On the same day, J-si 1,124 square meters in Changwon-si (hereinafter “J land”) which was each substituted by the land partition rearrangement, is a parking lot adjacent to M. and K-road 5,671.5 square meters in Changwon-si (hereinafter “K”) is a neighboring road adjacent to the instant apartment.

C. On April 10, 1987, the Human Resources Development Service of Korea completed the registration of ownership transfer for each purchase and sale of M land, shares 282400/112480 of J land, and shares 424200 of K land.

Afterward, the registration of an aggregate building was completed on June 30, 1998, in the case of M land, J land, 28240/11240 of shares in K, 42420/50 of shares in K's land, and the case of the apartment of this case, on June 30, 1998, the registration of ownership transfer for each sale in the case of the defendant's future was completed on May 31, 2005, and on June 20, 2005, each of the registration of an aggregate building was completed on 50 households of the apartment of this case on June 20, 205. The land which is the object of the site ownership of the apartment of this case on the register was written on M land, land ownership right, site ownership right, and site ownership ratio respectively on 70.986/3/3549.

E. Since the Defendant acquired the instant apartment, part of the part of the instant apartment that was owned by the Defendant was transferred prior to the transfer of ownership as indicated below.

The provisional registration of ownership transfer claim on September 7, 2007, which was made on September 7, 2007 by Plaintiff A (the cause and date of registration) No. 307, Defendant A (the date of October 10, 2005; / October 24, 2005) and the provisional registration of ownership transfer claim on September 7, 2007, the title holder (the date of registration / the date of registration / the date of registration) No. 307, Defendant A (the date of October 24, 2005).

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