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(영문) 창원지방법원밀양지원 2016.10.12 2015가단12491

소유권보존등기말소 등

Text

1. Defendant B, as to the real estate stated in the attached list, was caused by sale and purchase on March 20, 1995.

Reasons

1. As to the judgment on the claim against Defendant B, the Plaintiff agreed to sell the instant real estate from Defendant B Co., Ltd. (hereinafter “B”) on March 20, 1995 to KRW 49,126,00, and paid the sale price in full pursuant to Article 150 of the Civil Procedure Act, the fact that the Plaintiff paid the sale price in full is deemed to have been led to the confession of Defendant B pursuant to Article 150 of the Civil Procedure Act. Accordingly, according to the above facts of recognition, Defendant B is obligated to implement the registration procedure for transfer of ownership for the instant real estate on March 20, 199

2. As to the remaining Defendants

A. Basic facts 1) On January 191, 191, 1991, YL Construction Co., Ltd. newly constructed 2 E apartments (hereinafter “F apartment”) on the land of 3 lots, including Gyeong-gun, Gyeong-gun, and Gyeong-gun, and suspended construction due to financial difficulties, and Defendant B transferred the right to undertake the construction project of the above apartments (hereinafter “F apartment”) around October 1993 through the Nam-gun Construction Co., Ltd.

B) On April 14, 2001, Defendant B transferred F apartment 182 households, including the instant real estate, to Defendant E2 Korea on August 13, 2001. In addition to the above transfer contract on August 13, 2001, Defendant B entered into an agreement with Defendant Eibya Korea on the ownership of 50% of Defendant Eibya Korea’s shares, etc., and obtained approval on August 28, 2001 by changing Defendant B’s project undertaker into Defendant Eibya to Defendant Eibya Korea. C) the F apartment 182 households composed of Defendant B’s operation and Bdong to Defendant Eibya Korea at the time of transferring the instant real estate to Defendant Eibya Korea.

2) The Plaintiff and G received each provisional disposition prohibiting the disposal of the instant real estate, which was unregistered buildings at the time of April 17, 2004. Accordingly, on April 21, 2004, the instant real estate under the name of Defendant Lao Korea as to the instant real estate.