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(영문) 의정부지방법원 2016.12.09 2016나56763

소유권말소등기

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. According to the purport of Gap evidence Nos. 1 and 2 (including the number of branch offices) and the whole pleadings, the real estate of this case was owned by the plaintiff. Around August 2007, the plaintiff agreed to provide and sell the real estate of this case as a site for the project of the C Regional Housing Association (hereinafter "the sales contract of this case") and the Gu District District Court registry No. 34600 on December 3, 2007. The registration of ownership transfer was completed to C Regional Housing Association No. 32 of the former Housing Act at the time of establishment of C Regional Housing Association and Article 38 (1) of the former Enforcement Decree of the Housing Act on behalf of the children of the non-qualified members, and the parents were to operate C Regional Housing Association. Accordingly, the plaintiff also purchased the real estate of this case to the plaintiff and C Regional Housing Association No. 20 on the ground that the plaintiff actually participated in the establishment of the C Regional Housing Association and the plaintiff was not entitled to the plaintiff's new Housing Association No. 320 on the ground that the C Regional Housing Association No. 2 of this case was void.