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TITLE Supreme Court Full Bench Decisions 98Da45652, 45669 delivered on November 16, 2000 [full Text]
Summary
In case where the purchaser has purchased the exclusive portion as well as the corresponding share of the common area of a multi-unit building from the developer, and has paid the purchase price in full, thereby satisfying the actual requirements for acquisition of title, but has effected registration of title transfer only with respect to the exclusive portion but not with respect to the share of common area, whether the purchaser is entitled to possess and use the share of common area of the building based on the sale and purchase contract (affirmative); and whether such right to possess and use the share of common area that the purchaser has to the extent necessary for ownership of the exclusive portion is a right to use common area under Article 2, Subparagraph 6 of Act on the Ownership and Management of Multi-Unit Building (affirmative)
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