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(영문) 서울동부지방법원 2013.06.25 2012가합19992
말소승낙의 의사표시
Text

1. The plaintiff's lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. AB association for reconstruction and rearrangement projects (hereinafter “B association”) filed a lawsuit against the Plaintiff who owned a building specified in attached Table 1 (hereinafter “the building before new construction of this case”) in the project site in which the reconstruction project is being implemented, against the Seoul East Eastern District Court 2007Gadan26807, May 10, 2007, seeking implementation of the procedure for the registration of ownership transfer based on trust regarding the building before new construction of this case.

B. On January 11, 2008, the Plaintiff concluded a pre-sale agreement with C on the pre-construction of this case with respect to the pre-construction of this case (hereinafter “instant pre-construction agreement”). On February 11, 2008, the Plaintiff entered into a pre-sale agreement with C on the pre-construction of this case with respect to the pre-construction of this case (hereinafter “the instant pre-construction agreement”). On February 11, 2008, on the ground of the instant pre-construction agreement, on February 11, 2008, the Seoul East East District Court Gangseo-dong District Court’s 5064 (hereinafter “the provisional registration”) on the provisional registration of the right to claim ownership transfer registration as of February 11, 2008.

C. Meanwhile, on April 14, 2011, the Defendant seized the instant provisional registration on the ground that C was in arrears with national taxes, and on April 15, 2011, following the attachment, the instant provisional registration was completed in the registration No. 1 A, which was received on April 15, 201 by the said registry office No. 17469 (hereinafter “registration No. 1”).

After all, as the reconstruction project is implemented, building No. 2 of the attached list (hereinafter “new building of this case”) was reconstructed, and building No. 1 of this case was newly constructed as a new building under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “new building of this case”) and the provisional registration of this case and the provisional registration of No. 1 of this case were transferred to the copy of the register of the new building of this case under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and No. 48102, Aug. 29, 2012.

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