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(영문) 창원지방법원 2016.05.12 2015가합33540

소유권말소등기

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Presumed factual basis

A. H, the father of the Plaintiff B and the Plaintiff’s father, was part of the Plaintiff’s land I (hereinafter “instant land”). H died on April 29, 1995. < Amended by Act No. 5335, Apr. 29, 1995>

B. Co-owners of the instant land, including Plaintiff B and H, decided to construct a building listed in the attached real estate list (hereinafter “instant building”) on the instant land. In 1989, the co-owners of the instant land as the owner of the instant building were granted a building permit for the instant building, and on May 9, 191, agreed to the construction cost, etc. by awarding a contract for the construction of the instant building to the LF Housing Development Co., Ltd. (hereinafter “LF Housing Development”) on May 9, 191.

[2] Article 1 (General Provisions) 2 of the Act provides that the contractor shall be a person entrusted with all the powers from the entire prop, and the contractor shall not hold any consultation, negotiation, decision, etc. except for the contractor entrusted by the entire prop, and shall not comply with any instruction. 3) The contractor shall have the effect of the contract from the date the contractor submitted to the contractor a notarized power of attorney delegated by the entire prop and submitted to the contractor by the contractor.

5) The area of the entire floor except the first, second, and third floors, which are the shares of the contractor, shall be Daejeon for the construction cost of the contractor. 6) The shares of the contractor except the second, second, and third floors shall be sold in the name of the contractor, and the contractor shall submit without delay the documents required for the sales contract to the contractor.

The payment guarantee of Article 2 (payment guarantee of progress payment) shall be issued within 50 days under the responsibility of a contractor by establishing a collateral security for the site of the project.

Article 4 (Method of Payment of Contract) A contract for the construction of all floors except for the first, second and third floors above ground which are the shares of a contractor.