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(영문) 서울고등법원 2016.09.29 2016나2010658

소유권보존등기 말소 등

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Based on the litigation materials and arguments submitted to the appellate court citing the judgment of the court of first instance, the court of first instance has sufficient grounds for admitting the reasoning of the judgment of the court of first instance (such as law, precedents, interpretation and application of legal principles, recognition of facts and facts requiring proof, and judgment on the issues, etc.).

The reasons to be stated by this court are as follows: (a) excluding adding or adding the contents described in the following 2.1 in an appellate court is the same as the reasoning of the judgment of the first instance; and (b) cite it in accordance with the main sentence of Article 420

2. The part of the judgment of the court of first instance, which was added or added at the appellate court, was used as the part of the judgment of the court of first instance No. 6, No. 10, “Defendant Thai Construction Co., Ltd.” (hereinafter referred to as “Defendant Thai Construction Co., Ltd.”) to “Defendant Thai Construction Co., Ltd.” (hereinafter referred to as “Defendant Thai Construction Co., Ltd.”) and all of “Defendant Thai Construction Co., Ltd.” as set forth below, was put into “Defendant

The following details shall be added between the 15th and the 2nd of the first instance judgment:

A reconstruction association established under the Act on the Ownership and Management of Aggregate Buildings and the former Housing Construction Promotion Act (amended by Act No. 6916 of May 29, 2003), which is an association that is not a juristic person for the purpose of removing an existing old-age building and implementing a reconstruction project, is based on the premise that the land owned by the members of the association in the project area is invested in kind in the reconstruction association and the housing on the ground is demolished following the implementation of the project. Therefore, the reconstruction association concluded a construction contract for the construction of an aggregate building on the site invested by the members of the association between the reconstruction association and the construction company and the construction company, and provided a part of the new construction fund to a third party, not the

Each member has been newly constructed only under such circumstances.