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(영문) 대전지방법원 2017.10.19 2015가단19909

가등기에 기한 본등기

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

(1) The defendant company is the main multi-family apartment (current name is referred to as "E") on the ground of Daejeon Sung-gu D and three parcels.

hereinafter referred to as “C”

(F) The F Co., Ltd. (hereinafter “F”) around May 2003 as the executor of the business that newly constructs and parcels out.

(2) The Defendant Company: (a) recruited buyers from around that time, and entered into a sales contract with respect to each of the sectional units C units units; (b) on July 24, 2004, the construction of the said new building was suspended due to the shortage of business funds of Defendant Company, etc.; (c) the buyer of the said new building was holding a general meeting of the buyer on July 24, 2005 to resume the said new building; and (c) the buyer of the said new building was holding a meeting of the buyer on July 24, 2005 to effectively control the Defendant Company, etc. (hereinafter “C measure”).

(4) On July 26, 2005, the Countermeasures Tribunal changed the name of the owner of C between G and G representing the Defendant Company, etc. to a person designated by the CP, and the C household, whose sales contract was not sold or whose sales contract was terminated, agreed to later sell and use it as C construction costs, etc.

C Measures Tribunal held a general meeting of the buyer and buyer on July 27, 2005 to secure the rights of the buyer and buyer, and the former I Co., Ltd., which held as the representative director at the time H was the J Co., Ltd.

hereinafter referred to as 'I'

Resolution to change the name in the name, and I was selected as a corporation representing the buyers in C.

After December 15, 2006, K, a designated party of some buyers, filed an application for provisional injunction against disposal with the Daejeon District Court 2006Kahap1498 on December 15, 2006 for the right to claim the transfer registration of ownership under the parcelling-out contract as the preserved right, and the above court.