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(영문) 서울북부지방법원 2017.07.11 2016가단13106
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From August 11, 2015, the above-mentioned A

subsection (b).

Reasons

1. Basic facts

A. The 19 households, including the co-ownership registration of the Defendant joining the Defendant, etc. (1) the co-ownership registration of the attached Form No. 1 (hereinafter “instant building”) were newly built D, and the registration of ownership preservation in the name of D was completed at the commission of the court on February 10, 2004.

(2) On the day of the above registration, the Simsan Saemaul Bank completed the provisional disposition registration of prohibition of disposal (hereinafter “provisional disposition registration of prohibition of prior disposition”) by making the right to claim the registration of ownership transfer according to the payment agreement or the security agreement on the instant building, etc. as the right to be preserved.

(3) Notwithstanding the existence of the above provisional disposition registration, the Intervenor joining the Defendant and E completed on June 3, 2004 the registration of ownership transfer with respect to each of the buildings of this case on June 3, 2004 (hereinafter “joint registration of the Intervenor joining the Defendant, etc.”).

B. We filed a lawsuit against D with the Seoul Central District Court 2004Gahap56610 on the ground that D lost the benefit of time due to delay in repayment of the principal and interest on the instant building, etc. in order to execute the right to a provisional injunction against the preceding injunction against provisional injunction against disposal.

(2) On April 8, 2005, the Seocho Saemaeul Community Fund received a favorable judgment from the above court that "D shall implement the procedure for the registration of ownership transfer on the ground of a payment in kind agreement on May 15, 2003 with respect to the building, etc. of this case to the Seocho Saemaul Community Fund," and the above judgment became final and conclusive around that time.

(3) However, on June 8, 2005, sharing registration of the Defendant’s Intervenor’s Intervenor’s Intervenor, etc., who violated the registration of provisional injunction against the preceding disposition was cancelled on April 13, 2017 due to the invalidation by the provisional injunction against the preceding disposition.

With respect to each share of the above co-ownership registration without cancellation, the Korea Saemaul Fund shall be established due to payment in kind in accordance with the above final judgment.

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