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(영문) 창원지방법원 2017.04.12 2016나57202

소유권이전등기 등

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The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The construction company, including the progress of a joint housing construction project, was running in the same manner as a collective housing construction project, was performing construction project that newly constructs two J apartments (K apartment, regardless of whether it was before or after the change in the name of the apartment; hereinafter “K apartment”) on the third parcel of land, including G, Gyeong-gun, G, 191, and suspended construction due to financial difficulties. On October 1993, the joint defendant B (hereinafter “B”) of the first instance court around 193 transferred the right to operate the above apartment construction project.

B On April 14, 2001, Pama registry office of Fama, including the instant real estate, transferred to Defendant C an apartment of 182 households with the supplementary registration of the transfer of ownership, which was completed as of September 5, 2007, as of September 18, 2007. In addition to the above transfer contract on August 13, 2001, Defendant C and C agreed to own 50% of the shares of Defendant C, and obtained approval to change the project proprietor of K apartment construction to Defendant C on August 28, 2001.

At the time of transfer of K Apartment 182 households composed of B's operation and Nadong to Defendant C, the construction was completed almost excluding part of the completed construction in the case of operation of the real estate in this case, and the occupants had occupied in advance.

L, the creditor of Defendant C, such as the change in ownership of the instant real estate, was subject to the decision of provisional seizure on the instant real estate, which was unregistered buildings as of May 19, 2004. Accordingly, on May 21, 2004, registration of preservation of ownership was completed in the name of Defendant C as to the instant real estate.

The co-defendant D (hereinafter referred to as "D") and M in the first instance trial completed the registration of the right to claim ownership transfer as of March 7, 2006 by the registry office No. 3561 with respect to shares of 1/2 of the instant real estate, and M completed the registration of the right to claim ownership transfer under the receipt of No. 6408 of the registry office on April 17, 2006.

On the other hand, Defendant E is D and M with respect to shares of 1/2 of the instant real estate.