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(영문) 대전지방법원 2017.03.30 2015가합103979
소유권이전등기말소회복등기 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Facts of recognition

The real estate in the separate sheet (hereinafter collectively referred to as the “instant building”) owned by F Co., Ltd. from August 2006 by F Co., Ltd. was awarded a successful bid on March 23, 2010, and 1/2 of them were transferred to D on April 28, 2010.

Plaintiff

A served as the manager of the shopping center of the building of this case from around September 2006, and Plaintiff B operated the third floor of the building of this case from March 2008 to December 201, the third floor of the building of this case and the eight floor wedding hall.

The Plaintiffs entered into a partnership agreement on December 1, 2008, and from October 201, the hotel was operated on the 5,6, and 7th floor of the instant building.

G, the representative of D, from Oct. 2009 to Oct. 1, 2009, engaged in photographing business in the eight-story wedding hall of the instant building, and around Jan. 201, when D acquired the ownership of the instant building, he operated a compound restaurant of the third floor of the instant building and a wedding hall of the eight-story floor from the Plaintiff.

Upon the Defendant’s acquisition of the instant building and the commencement of voluntary auction on June 9, 2008 to H of the Daejeon District Court on the instant building, the Defendant participated in the bidding but failed to prepare the auction price, and renounced the successful bid price, and was subject to forfeiture of KRW 125 million.

On the other hand, in the above auction case, the lien holder reported on the building of this case and the total amount of the secured claim were about KRW 1.85 billion as follows.

Serial 15,00,00 construction cost of 30,000 M (N,O) construction cost of 52,800,000 3 P (P) construction cost of 115,000,000 construction cost of 15,000,000,000, the content and amount of the secured claim of the person who reported the lien 1 to the KI, J, J, Plaintiff B-9,045,000 totaled of 1,259,000,000 1,259,004,84,845,0000 shares for sale (the contract of August 206)

1. On February 2, 2010, the Defendant was awarded a successful bid for the instant building solely for KRW 910 million from the date of auction resumed on February 2, 2010.

The plaintiffs around that time, and the defendant and the plaintiffs

1. Claims to be described 1 through 4; and

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