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(영문) 대전지방법원 2014.02.19 2011가합317
제3자이의
Text

1. The Defendant’s attachment is based on the Daejeon District Court Decision 2010Gahap4251 Decided December 20, 2010 with respect to Nonparty B, C, and D.

Reasons

Basic Facts

On June 7, 2002, B and C (hereinafter referred to as “B, etc.”) obtained a construction permit for the construction of a building on the ground of the size of 1st, 5th and upper floors (hereinafter referred to as “instant building”) from the head of Seo-gu Daejeon Special Metropolitan City, Seo-gu, Daejeon Special Metropolitan City, where B, etc. shareed 1/2 shares, on June 7, 2002, and the head of Seo-gu Special Metropolitan City (hereinafter referred to as “instant land”). On July 11, 2005, after obtaining a construction permit (the alteration of permitted matters) including the content of changing the number of floors of the instant building into 1st and 6th and upper floors on the ground, the construction price for the new construction of the instant building was KRW 6 million between the Defendant and the Defendant on May 9, 2006. Accordingly, the Defendant completed the new construction of the instant building around August 1, 2008.

On March 31, 2008, the Defendant agreed to receive the first floor of the instant building from B, etc. in substitution for the payment of the construction cost under the said contract. On May 8, 2008, the Defendant leased the first floor of the instant building to G Agricultural Cooperatives, and appropriated the deposit amount of KRW 600 million out of KRW 3 billion paid from the said Association to the construction cost under the said contract. The Defendant and B, etc. completed the procedure of changing the building permit title from two parties, such as B, etc. to the joint names of the Defendant and three parties, including B, to secure the implementation of the said contract for payment in substitutes.

The registration of preservation of ownership was completed on July 15, 2008 with respect to the building of this case under three co-ownerships (one-third of shares), such as the defendant and B, etc., by entrusting the registration of provisional disposition based on the decision of prohibition of provisional disposition by the Daejeon District Court 2008Kahap645.

The Plaintiff’s acquisition of possessory right to the instant building B, etc. around May 2006, around the time of the commencement of construction of the instant building, offered the instant land as security and borrowed KRW 5.5 billion from the Korea Exchange Bank (hereinafter “Korea Exchange Bank”).

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