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(영문) 서울동부지방법원 2013.08.14 2011가합12017

소유권말소등기

Text

1. Each lawsuit of the plaintiff A, B, and C, the plaintiff D, E, F, G, H, I, J, K, L, M, M, N, P, P, Q, Q, S, T, U, V, X, Y, Z, AAB, and AC.

Reasons

1. Facts of premise;

A. On December 10, 1984, Defendant AD purchased from the Korea Land Corporation the Seocheon-gu EO 6,782.6m2 size, and on August 3, 1985, Defendant AD started to build a new eP loan with 7 eP loan with the third floor size above the above land on the ground of the third floor size above the above land (excluding the shopping Dong) on August 3, 1985.

B. However, in June 1986, when Defendant AD suspended the new construction of the Loan of this case due to the failure to repay debts to a construction business operator, etc., the creditors of the construction cost who were sold the Loan of this case and the creditors of the construction cost who agreed to be transferred in lieu of the payment of the construction cost, who were the buyers who paid the purchase price of the Loan of this case and the creditors of the household of the Loan of this case, completed the new construction of the Loan of this case by dividing the remainder of the sale price or continuing the construction directly.

C. As the dispute over the loan of this case continues, each registration of ownership transfer has been completed in Defendant AD on March 16, 201 due to the commission of the registration of provisional disposition on March 16, 201, and with respect to some of the households (the households indicated as the “provisional registration” in the list of attached buildings) on April 6, 201, the provisional registration of each right to claim ownership transfer on the ground of the pre-sale agreement was completed.

[Ground of recognition] The plaintiffs and the defendant AD, BD, DE, DG, DH, DJ, DK, DK, DL, and EN: Each entry of the evidence Nos. 3-1 through 71, Eul's whole purport of pleading and the remaining defendants: Confession pursuant to Article 150 of the Civil Procedure Act

2. The plaintiffs' assertion

A. On June 1986, at the time of the suspension of the construction of the instant loan, it was not equipped with a form or structure that can be seen as an independent building under the social norms, namely, the loan of this case at the time of the suspension of the construction of the instant loan. The “list of Plaintiffs ② and the “List of Plaintiffs who originally acquired the loan” in the attached list of the buildings and “The Defendant List (Person Responsible for Registration)” shall continue to construct the loan of this case by the buyers or the creditors for construction cost.