propriety of the original acquisition of the immovables

It is difficult to reverse the presumption of ownership preservation on each real estate of this case, and to recognize that the plaintiffs acquired the ownership of each real estate of this case at the original time, and there is no other evidence to acknowledge it.

1. The plaintiffs' claims against the defendants are all dismissed.

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

1. For the plaintiffs:

(a) As to each real estate listed in the separate sheet:

(1) The registration of preservation of ownership made on October 26, 2004 by commissioning the registration of provisional disposition No. 161920, which was accepted on October 26, 2004 by ○○ District Court ○○○○ registry office ○○○.

(2) Defendant Lee ○-type, Kim ○-hee, Han-hee, Lee Young-hee, Lee Young-young, Park Jong-young, Kim ○○○, Lee ○○-ok, and 00 ○○ District Court’s registry office on October 26, 2004, each of the registration procedures for cancellation of the registration of the establishment of a neighboring mortgage, which was made under No. 161927, will be implemented.

B. As to each real estate listed in the separate sheet Nos. 1 through 5,9,13, and 14

(1) ○○ District Court ○○○ registry office 2004. October 26, 2004, conducted the procedure for cancellation of the registration of the right to claim the transfer of all co-owners' shares or the right to claim the transfer of all shares.

(2) As to the registration of cancellation as described in subsection (1) of the above A, the declaration of acceptance is made.

C. Defendant Lee Dong-ok

(1) The procedure for the cancellation of the provisional registration of the right to claim the transfer of all co-owners' shares, which was made on October 26, 2004 by the ○○ District Court ○○○○ registry office of ○○○ on the real property listed in [Attachment List No. 10].

(2) As to the real estate stated in Section 6,10 of the Schedule, the declaration of consent is made with respect to the registration of cancellation as stated in Section 6, A, (10) of the Schedule.

D. As to the real estate stated in [Attachment] No. 7 and 8, Defendant Kim Jong-hwan:

(1) ○○ District Court ○○ registry office 2004. 26 October 26, 2004 followed the procedure for cancellation of the registration of the right to claim the transfer of all co-owners' shares or the right to claim the transfer of all shares.

(2) As to the registration of cancellation of subsection (1) of the above A, the declaration of acceptance has been made.

E. Defendant Ansan-young shall implement the procedure for registration of cancellation of the provisional registration of the right to claim the transfer of all co-owners' shares, which was made on October 26, 2004 by the ○○ District Court ○○○○○ registry office with respect to the real estate listed in paragraph (11) of the attached list.

F. Defendant Han-hee

(1) The procedure for the cancellation of the provisional registration of the right to claim the transfer of all co-owners' shares and the right to claim the transfer of all co-owners' shares, which was made on October 26, 2004 by the ○○ District Court ○○○○ Registry of ○○○○ (hereinafter referred to

(2) As to the real estate listed in Section 11 and 15 of the Schedule, an expression of consent is made with respect to the registration of cancellation described in Section A(1) of the Schedule.

G. As to the real estate listed in paragraph 12 of the attached Table, Defendant Kim Jong-hwan:

(1) ○○ District Court ○○○ registry office 2004. 26 October 26, 2004 161924 carried out the procedure for cancellation of the registration of the right to request the transfer of all co-owners' shares or the right to

(2) A. (1) The declaration of acceptance is made with respect to the registration of cancellation under subsection (1).

H. As to the real estate listed in [Attachment] No. 16 of the Schedule, Defendant Park Jong-young:

(1) On October 26, 2004, ○○ District Court ○○○○ registry office 2004, the procedure is implemented to register cancellation of the provisional registration for the right to request the transfer of all co-owners’ shares or to transfer all shares.

(2) A. (1) The declaration of consent to the registration of cancellation is made.

I. Defendant ○○ or ○○○○○’s Baon, which was made by the ○○ District Court ○○○○ registry office on October 26, 2004, with respect to the real property listed in paragraph (6) of the [Attachment List], will implement the procedure for the cancellation of the registration of the right to claim the transfer of all co-owners’ right

(j) Defendant High ○○○ District Court ○○○ registry office, which was made on January 6, 2005 by the receipt of No. 1868 on each real estate listed in the separate sheet, shall implement the procedure for registration of cancellation of the registration of establishment of the establishment of the mortgage on the entire portion of the land substitution substitution.

(k) As to the real estate listed in paragraph (7) of the attached list, the defendant Seohhee expressed his/her intention to accept with respect to the cancellation registration as to each real estate listed in paragraph (14) of the attached list, with respect to the real estate listed in paragraph (14) of the attached list, and with respect to each real estate listed in paragraph (2)(1) of the attached list, he/she shall express his/her intention to accept the registration of cancellation

1. Basic facts

A. While ○○ Construction Co., Ltd. (hereinafter referred to as “○○ Construction Co., Ltd.”) contracted the construction of each of the real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate”) from Defendant New Construction Co., Ltd. (hereinafter referred to as “○○ Construction Co., Ltd.”) and carried out the construction of each of the instant real estate listed in the separate sheet (hereinafter referred to as “instant real estate”), the construction was suspended on or around February 2004 due to the shortage of funds.

B. On February 16, 2004 and March 2, 2004, the Plaintiff Jung-gu, the nominal owner of the construction permission, agreed to complete the registration of ownership preservation of each of the instant real estate in the name of two representatives selected by the subcontractor and the lessee of the construction fund (hereinafter referred to as the “contractor”) after completion of the construction work in cooperation with the subcontractor (hereinafter referred to as the “instant agreement”), and the construction work was resumed.

C. After that, around April 2004, Defendant New ○ and New ○○ was used as a collateral the site for each of the instant real estate (former lot number ○○○○○○-dong 24-22) from Defendant Lee Jong-sik to cover 1.6 billion won, each of 40 million won from Defendant Kim○-dong ○○-dong ○○○○-dong ○○○-dong ○○○-dong dong 24-22, and 600 million won from Defendant Kim○-dong ○○, and 3.3 billion won from Defendant Lee Jong-dong ○-dong ○, and thereafter, the name of the owner of the instant construction was changed from Defendant Seo-○ sole exchange to

D. On October 25, 2004, immediately before the completion of each of the real estate in this case, Defendant Lee Jong-ok, Kim Il-hee, Kim Jong-hee, Lee Jong-hee, Lee Jong-ok, and Park Jong-ok, the construction cost lessee, the right to claim the registration of additional establishment of a mortgage and the right to claim the registration of ownership transfer based on a payment in substitutes contract (○○ District Court 2004Kahap1145, ○○○ District Court 2004Kahap1145, ○○○○○, ○○-sik, as to the real estate in this case, the first through 5,9,13, and 14, as to the real estate in this case; on the 7 and 8 real estate in this case; on the 7 and 15 real estate in this case; on the 7 and 8 real estate in this case; on the 1215 real estate in this case; on the 1216 real estate in this case, the registration of ownership transfer was entrusted to the above court 1004.

E. On the other hand, around December 2, 2004, the name of the owner of the instant construction was changed to the name of the sole owner of the instant construction.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 8-9 through 24, 9, and 10-10, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion

원고는, 이 사건 공사채권자들이 이 사건 각 부동산에 관한 소유권보존등기명의자로 원고들을 선정하였으므로, 이 사건 각 부동산의 소유권은 이 사건 합의에 따라 원고들에게 원시적으로 귀속되었고, 그 결과 피고 설○환, 임명홍 명의의 소유권보존등기는 무효인 등기로서 말소되어야 하며, 청구취지 기재와 같이 위 소유권보존등기에 터잡아 이 사건 각 부동산에 관하여 마쳐진 근저당권설정등기, 가등기, 가압류, 가처분등기 등의 등기명의인인 다른 피고들도 자신들 명의의 각 등기의 말소절차를 이행하거나, 위 소유권보존등기읭 말소등기에 관하여 승낙할 의무가 있다고 주장한다.

B. Determination

As seen earlier, the agreement was reached between ○○○○○○ Construction Co., Ltd. and Defendant 4 regarding each of the instant real estate to which the instant construction work had been executed under the name of “○○○○○○○○○ Construction Co., Ltd.,” and that the instant construction work had been executed under the name of the representative of each of the instant ○○○○○○○○ Construction Co., Ltd., and that the instant construction work had been completed under the name of “○○○○○○○ Construction Co., Ltd., Ltd.,” and that each of the instant construction works had been transferred to the instant ○○○○○○○○ Construction Co., Ltd., Ltd., Ltd., which was located in the name of each of the instant ○○○○○○○○ Construction Co., Ltd., Ltd., Ltd., and that each of the instant ○○○○○ Construction Co., Ltd., Ltd., Ltd., Ltd., which had been affiliated with the instant construction work.

In addition, in light of the aforementioned circumstances, the agreement of this case is interpreted as having completed registration of preservation of ownership in the name of two representatives of the creditors of this case after completion of the completion of the construction inspection. It is difficult to view that Defendant New Construction Works and New Construction Works are the owner of each of the instant real estate and the remaining Construction Works as the owner of each of the instant real estate after the completion of the construction work. Thus, the agreement of this case is to transfer the ownership of each of the instant real estate to the creditors of this case and completed registration of preservation of ownership in the name of two representatives of this case after completion of the construction work, and it is nothing more than that of the secured agreement to transfer the ownership of each of the instant real estate to the creditors of this case under the name of two representatives of this case and completed registration of preservation of ownership in the name of its representative prior to registration of preservation of ownership, etc., or it is nothing more than that of the plaintiffs to transfer the ownership of each of the instant real estate to each of the plaintiffs of this case and the plaintiffs of this case without any effort to complete the construction work and its new construction of each of this case.

Ultimately, it is difficult to view that the ownership of each real estate of this case was originally reverted to the plaintiffs by the agreement of this case, and it is difficult to reverse the presumption of ownership preservation on each real estate of this case and to recognize that the plaintiffs acquired the ownership of each of the real estate of this case as the original owner. Thus, the plaintiffs' assertion based on this premise is without merit without further review.

3. Conclusion

Therefore, the plaintiffs' claims against the defendants are dismissed in its entirety as it is without merit. It is so decided as per Disposition.