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(영문) 수원지방법원 오산시법원 2018.02.01 2016가단2011
청구이의
Text

1. The plaintiff's claim is dismissed.

2. On January 27, 2016, this Court rendered an application for the suspension of compulsory execution against this Court.

Reasons

1. Basic facts

A. On November 29, 2006, Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) entered into a housing trust agreement with Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) to manage and sell trust real estate (including the transfer of land or housing; hereinafter the same) with the purpose of selling and selling in lots, where Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) constructed the apartment and accessory facilities of 345 units on seven and 26 parcels of land owned by Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) in which Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.) and Korea Housing Guarantee Co., Ltd. entered into a housing trust agreement with Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.) to sell in lots, or to acquire Korea Housing Guarantee Co., Ltd.

The Korea Housing Guarantee was issued on November 29, 2006 to the Korea Housing Corporation, and the registration of ownership transfer was completed in the name of Korea Housing Guarantee.

B. On March 31, 2009, prior to the scheduled completion date of the sale contract for the above apartment, the approval for the use of the Yongsan City was granted on January 22, 2010. 2) Of the buyers of the above apartment, on September 15, 2009, the right to claim the return of the sale price due to the cancellation of the sale contract was delayed, and on September 15, 2009, the registration of the preservation of ownership in the name of Hanwon Construction was completed on the whole part of the above apartment on the provisional attachment decision (Seoul Central District Court 2009Kadan6950, 2009Kadan7030), and thereafter, the provisional attachment registration was completed based on the provisional attachment decision (Seoul Central District Court 2009Kadan6950, 2009Kadan7030).

(C) On February 26, 2010, Korea Housing Guarantee Co. 3, 201, is about the above apartment upon the provisional attachment and application of the above auction by the buyers.

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