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(영문) 대전고등법원 2016.09.02 2014나3090 (1)
소유권이전등기
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The construction of the instant apartment was changed to the Kaam Housing Co., Ltd. (the trade name was changed to the west Housing Co., Ltd. on June 15, 2009).

In total before and after the change of trade name, the term "on-site house" means "on-site house".

(1) On October 25, 2007, the Jung-gu Seoul Special Metropolitan City Building Co., Ltd. (hereinafter referred to as the “instant apartment”) shall be the Jung-gu Seoul Special Metropolitan City Building Co., Ltd.

2) On December 208, 2008, the construction of the instant apartment was suspended on or around December 2, 2008 due to a financial problem, such as default on the present amamba, and the construction of the instant apartment was ordered by the amba comprehensive construction company, AB, AAAB, AC, AC, Z, ZD, AD, and AE selected a white power as the designated party and filed a lawsuit against the present ambags as the Daejeon District Court 2008Gahap1072 against the present ambags.

On December 3, 2009, the Daejeon District Court rendered a judgment in favor of some of the plaintiffs (appointed parties) (the total construction cost of KRW 895,493,524 and damages for delay) and the above judgment became final and conclusive around that time.

B. On December 7, 2009, the National Agricultural Cooperative Federation filed an application for voluntary auction with respect to the apartment of this case, which was newly constructed as the Daejeon District Court AF on December 7, 2009, as the repayment of the loan of the present rock house was delayed (hereinafter “the auction procedure of this case”). (The auction procedure commenced after the above application for auction was filed)

(2) On March 18, 2010, the Daejeon District Court rendered a decision to voluntarily commence the auction on the above application for voluntary auction, and upon the entrustment of the registration of the said decision, the registration of preservation of ownership of the general building with respect to the apartment of this case was completed rather than a sectioned building.

(On the other hand, the registration of division concerning the apartment of this case was completed on January 24, 2013). The construction cost (cost) as of the date on which the person who reported the lien was reported and 100du24 on May 20, 2010, which became final and conclusive on May 20, 2010, 2. The amount of 5,890, 439, 181 H.

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