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(영문) 서울고등법원 2017.09.01 2016나2080435
유치권확인
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

(b).

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

From the fourth to the seventh part of the judgment of the first instance, " was changed from the fourth to the defendant B" is changed from the G to the defendant B.

The following shall be added to the 5th 7th tier of the first instance judgment:

“7) Each building listed in the separate list has the requirements of an independent building, but the approval for use under the Building Act has not been granted.

Attached Form

In the case of buildings listed in the list 1, registration of preservation of ownership was completed in the name of Defendant C on January 11, 2012 according to the entrustment of registration of provisional seizure.

[1] According to the evidence adopted prior to the recognition of the first instance court’s first instance court’s second 9th, the third 10th, the seventh 4th 7th, and the third 8th “V” as “H,” and (2) the third 8th 8th “AC” as “F,” notwithstanding this court’s request for explanation, the Plaintiff did not separately arrange the purport of the claim or the grounds for the claim. (a) In the following cases, the Plaintiff’s submission of the first 8th 8th 8th 1st 1st 201, it is difficult to recognize that the Plaintiff had, or had, claims regarding the instant building. (i) The submission of the Plaintiff’s evidence alone cannot be deemed to have concluded a contract on the instant building. (ii) The Plaintiff tried to newly construct and sell a multi-family house on the AD-day land, including one owned by Defendant B in 201 and sell it to the Plaintiff, which is a part of the land before and after the division (hereinafter “H”).

Other land does not distinguish before and after the division, the registration of the right to claim transfer of ownership is completed in the name of Defendant B.

Accordingly, Defendant B completed the registration of ownership transfer in its name on January 10, 2004.

(b) other.

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