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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a reconstruction association established for the purpose of constructing L, a main complex building (hereinafter “instant building”) by implementing a reconstruction project of K building located in Seocheon-gu, Seocheon-gu, Seocheon-gu, J 4,308 square meters (hereinafter “instant land”).
B. On February 20, 2002, the Defendant received the shares of the instant land from its members in trust, and completed the registration of ownership transfer for the whole shares of the instant land by reason of trust in the future of the Defendant.
C. The building of this case was almost completed around the end of March 2006, and around that time, the registration of ownership preservation in the name of the defendant was completed due to the entrustment of provisional disposition registration with respect to each section of exclusive ownership stated in the “section of exclusive ownership” listed in the separate sheet of the above building. At that time, the registration of site ownership with respect to each section of exclusive ownership was not completed.
On November 22, 2007, the Plaintiff was granted a provisional attachment order as to each section of exclusive ownership listed in the attached list among the buildings of this case as the Incheon District Court Branch Branch Decision 2007Kahap1280, under which the claim 238,087,300 won, such as the return of the sale price to the Defendant was preserved as the preserved right. On June 27, 2008, the decision of compulsory auction was made to transfer the above provisional attachment to Incheon District Court Branch M on June 27, 2008 upon the Plaintiff’s application for compulsory auction.
E. Afterward, C, D, E, F, G, H, and I directly sell or purchase from the buyer the pertinent section of exclusive ownership from the Defendant, and completed the registration of ownership transfer with respect to each of the relevant sections of exclusive ownership on the date of acquisition indicated in the same list.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3 (including virtual number), the purport of the whole pleadings
2. Determination on the legitimacy of a lawsuit
A. The final owner of the main section of exclusive ownership of the Plaintiff’s claim shall register the change of the right to site against the seller in order to obtain a direct transfer from the seller.