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(영문) 대구고등법원 2015.09.22 2014나23288
소유권보존등기말소 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is the Plaintiff’s member who invested A apartment 138 Dong-dong 203 (13 square meters) to the Plaintiff for reconstruction of the Daegu Suwon-gu, 19 parcel of ground A apartment and commercial building. The Plaintiff obtained authorization from the head of Daegu Suwon-gu on July 29, 200, and completed the registration of incorporation on August 21, 2003.

B. On June 23, 2001, the Plaintiff entered into a contract for sale in lots. The Plaintiff is a lot construction company at the fourth session of the fourth session of June 23, 2001.

) and the Commercialization Industry Co., Ltd. (hereinafter referred to as the “Commercialization Industry”).

(2) The contract for a reconstruction project (hereinafter referred to as the “instant contract”) shall be amended and selected as the contractor and between the company and the company.

(2) On November 16, 2001, the Plaintiff obtained the approval of the first business plan from the head of Daegu Suwon head of the Gu, and on June 30, 2003, obtained the approval of the modification of the business plan, and formulated a management and disposition plan by holding the approved general meeting on August 26, 2003.

3) The Plaintiff shall draw lots of the same kind for the members who filed an application for parcelling-out in accordance with the articles of incorporation and management and disposal plan after that, and the Defendant shall have the occupancy charges of KRW 285,432,00 (=sale price of KRW 345,579,00) - 59,103,00 for free shares - KRW 1,04,00 for union members - KRW 1,00 for union members’ revenues - KRW 62 square meters as stated in attached Form 1 for real estate (as 1416,803, an E apartment to be reconstructed; hereinafter “instant apartment”).

(4) Since September 25, 2003, the Defendant did not conclude a sales contract with the Plaintiff regarding the instant apartment after 30 days have passed since the establishment of the management and disposal plan.

C. 1) On August 9, 2007, F, a creditor of the defendant, applied for a compulsory auction on the apartment of this case to Daegu District Court G on August 9, 2007, and the above court rendered a decision to commence compulsory auction on August 22, 2007. 2) As to the apartment of this case, the decision to commence compulsory auction on August 22, 2007.

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