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(영문) 서울고등법원 2014.12.17 2014나2011510

소유권이전등기 등

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1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. Defendant Hyundai Construction, added by the Plaintiff at the trial.

Reasons

1. Basic facts

A. (i) Defendant Hyundai Construction, as a contractor and implementer, newly constructed an aggregate building D (hereinafter “instant commercial building”) on the ground, including Busan-gu, Busan-gu, and obtained approval for completion around October 1997, and completed registration of initial ownership on December 22, 1997.

B. On March 5, 1997, she concluded a contract with the Defendant Hyundai Construction to sell 24 stores, including the instant stores, while conducting the sales agency business of the instant commercial building, and on May 2, 1997, she concluded a contract to sell the instant stores to the Plaintiff.

(hereinafter referred to as "sale contract" in the order of each sale contract.

(1) The Seoul Central District Court 97Kadan17912 issued a provisional attachment order around October 24, 1997, which issued a provisional attachment order with respect to the following claim for ownership transfer registration as a creditor with respect to the right to the store, etc. of this case and to the management of the store.

"The right to claim for the registration of ownership transfer based on the sales contract held against the defendant Hyundai Construction" with respect to the 67 stores, including the instant store, "The right to claim for the registration of ownership transfer based on the sales contract for the defendant Hyundai Construction" Shebly sold the stores sold from the defendant Hyundai Construction, and the buyer has received a provisional disposition to prohibit the disposal of real estate against the relevant stores and completed the registration of the entry.

In the process, with respect to Nos. 309, 312, and 708 among the stores of this case, a number of claims and provisional attachment or provisional attachment registration as to the 11 shop (No. 304, 309, 310, 311, 312, 410, 511, 702, 705, 706, and 708) including the store of this case among the stores of this case, the registration of provisional attachment or provisional attachment as to the 309, 311 shop (No. 312, 410, 706, and 708) is completed.