(영문) 서울북부지방법원 2015.10.14 2014가합4914

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(영문) 서울북부지방법원 2015.10.14 2014가합4914

채권자대위권에 기한 소유권말소등기

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1. Of the plaintiffs' lawsuits against defendant F, the part concerning real estate No. 4 listed in the separate sheet No. 1 shall be dismissed.

2. Defendant.

Reasons

1. Facts of recognition;

A. On May 2, 2003, the Plaintiff, S, T, U, and V, under the name of W Co., Ltd. and X Co., Ltd. under the contractor’s name, entered into a contract for construction of a new Y apartment on the ground of Q and R-based multi-household and apartment (hereinafter “instant contract”) at KRW 2.6 billion (hereinafter “instant contract”).

(2) On December 1, 2003, the Seoul Central District Court: (a) newly constructed the above apartment and provided the building owner with the households corresponding to 100% of the existing apartment area; (b) the underground area of the household was calculated at the rate of 50%; and (c) the remaining households agreed to sell it in lots and appropriate funds for the construction cost. (d) On February 1, 2003, the above land was divided into Qu large 720.5 square meters and RR large 779.8 square meters; (b) on February 13, 2004, the building owner was the owner of the above multi-household housing (hereinafter “multi-household housing”); and (c) on March 9, 204, the building owner of the building and multi-household housing (hereinafter “multi-household housing owner”); and (d) the building owner of the building and multi-household housing (hereinafter “Plaintiffs”) of the building owner of the building; and (e) the building owner of the building and multi-household housing (hereinafter “Plaintiffs”) of the building”).

(3) As the construction license of W Co., Ltd. was revoked, P is no longer possible to continue the construction under its name, as the construction business license of W Co., Ltd. (AK Co., Ltd. before the alteration; hereinafter “AJ”) was combined with the construction of multi-household housing and the new construction of apartment.

On May 29, 2005, the title of the contractor succeeded to the status of the contractor under the instant contract (hereinafter referred to as the “P, etc.”) and the P and AJ is collectively referred to as the “P, etc.” on the part of the contractor for the instant construction project.

The multi-household housing is newly built on September 7, 2005.

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