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1. Revocation of the first instance judgment.
2. The Defendants shall state on the Plaintiff the attached Forms 1 and 2 of the land indicated in the attached list.
Reasons
Facts of recognition
On June 2, 2004, ASS General Construction Co., Ltd. (hereinafter referred to as “SS Construction”) obtained a construction permit on August 3, 2004 to construct an officetel of 5 underground and 15 stories on the land listed in the separate sheet (hereinafter referred to as “instant land”) owned by it, and filed a construction report on August 3, 2004.
At around August 2004, the construction of the instant officetel was commenced, but it was suspended after the CIP construction (the first type of soil stamping construction) was proceeded. Since January 2007, the construction of the instant officetel was conducted again from January 1, 2007, and the construction of the fifth floor floor, retaining wall, underground floor, 4th floor, columns, retaining wall concrete construction, and the third floor studs production construction of the underground floor (hereinafter “instant first construction”) was suspended on July 2007.
E (A) On October 17, 2008, purchased the instant land from M, the owner of the instant land, and completed the registration of ownership transfer on January 8, 2009. However, on May 10, 2010, Defendant B purchased the instant land in the Suwon District Court G auction procedure (hereinafter “the first auction procedure”) with an application filed by the Korea Exchange Bank, the mortgagee of the instant land.
around May 4, 2010, I (Concluding a contract in the name of the representative director, the personal name of the plaintiff) concluded a sales contract with Defendant B for the land of this case, and followed up the construction of additional construction on the structure of this case to the third floor floor of underground floor and the construction of retaining wall concrete.
(2) On October 22, 2012, the Plaintiff purchased the instant land at the Suwon District Court H Voluntary Auction Procedure (hereinafter “instant secondary Auction”), which was conducted upon the application of the Korea Central Saemaul Depository, a mortgagee of the instant land, on October 22, 2012.
After that, the Plaintiff acquired the right, etc. to the construction of the instant structure from S. S. Construction.