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(영문) 대전고등법원 2017.01.11 2015나1367

소유권이전등기말소등기

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The legal status of the parties 1) C is a major multi-purpose apartment A (current name is “G”, and hereinafter “A”) on the F of the Daejeon Pungdong-gu Daejeon.

A) Around May 2003, as the executor of a new construction and sale business, selected D as a contractor, signed a contract for construction work with the contractor, and concluded a contract for construction work with the purchaser at a recruitment, setting the scheduled date for occupancy on April 2005 for each of the prospective buyers at a sale contract with the purchaser at a recruitment. 2) A was suspended on July 2004 due to a shortage of project funds, such as C.

Accordingly, on July 24, 2005, in order to resume the suspended new construction work, the buyers of A(Separate Buildings) held a general meeting of buyers A to establish a Committee for Countermeasures against Purchasers A (Plaintiff Committee), elected H, I, and J as a joint representative of the Plaintiff Committee, and at the same time enacted "Regulations for Countermeasures (Evidence A No. 1)".

3) On July 27, 2005, the Plaintiff Committee held a general meeting of buyers A and held a meeting to secure the rights of buyers A. As a means to secure the rights of buyers A, the Defendant Company (K Co., Ltd. on November 30, 2006) in which I was working as the representative director at the time the name of the owner A was changed from K Co., Ltd to B.

(B) A resolution to change the name in the name of the Defendant Company, and the Defendant Company was selected as a corporation representing the buyers A. B. On January 23, 2007, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) among the respective households A (divided buildings) on each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and the real estate listed in the separate sheet in the separate sheet is “real estate listed in the separate sheet”.

(C) the order of provisional injunction against the disposal of real estate prohibited by C, etc. was issued by Daejeon District Court 2006Kahap1498.

Based on this, the Daejeon District Court entrusted the registration of provisional disposition No. 8704 of Jan. 26, 2007 with the registration of provisional disposition No. 8704 of Jan. 29, 2007.