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(영문) 대전고등법원 2018.09.06 2017나14695
지료
Text

1. Of the judgment of the first instance, the part against the Defendants, including the claim extended by this court, is as follows.

Reasons

Facts of recognition

On October 5, 199, the instant project plan was approved for the housing construction project that newly constructs three rows with the first basement and the fourth floor of the ground (hereinafter “instant project plan”) with a total of 96 households on the ground of the 10,316 square meters of Sinjin-si, Sinjin-si (hereinafter “instant land”) from the Sinjin-gun on October 5, 199.

The instant business plan had been modified several times on May 29, 2004, and its contents were modified to newly construct the first underground floor and the third apartment houses of the fourth floor (each of the 101, 102, 24, 103, and 8 households) on the instant land on a total of 56 households on May 29, 2004, and the project operator was also changed to the third apartment houses of the fourth floor (hereinafter referred to as the “third apartment”) on April 20, 202, the third apartment houses Co., Ltd. (hereinafter referred to as the “third apartment”) on December 8, 2006, and on April 25, 2007, respectively.

(2) On May 21, 2002, following the completion of the registration of ownership transfer in the name of ELD on the land of this case, the mortgage establishment registration (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter “Korea bank”) was completed on September 16, 200.

On December 30, 2005, the registration of transfer of ownership in the name of the third-day sub-party sub-party sub-mortgage was completed in the voluntary auction procedure that was conducted with the decision of voluntary commencement of auction on December 30, 2005 after the Korean bank filed an application for a voluntary auction on the instant land based on the first mortgage.

The development of an item industry is in the name of April 13, 2007, with respect to the land in this case.

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