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(영문) 서울동부지방법원 2016.01.15 2015가단102362
근저당권말소
Text

1. As to the Plaintiff’s 901 floor among Dtels in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City).

Reasons

1. Facts of recognition;

A. G Co., Ltd. (hereinafter “G”) concluded with H, I, and J (hereinafter “Non-Party 2”) the co-owners of the remaining 1/2 shares of 1/2 shares in the Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City, that the building should be constructed on the said site, and 01 of each floor among the new buildings shall own G, and 02 shall be owned by G, and 01 of the new buildings shall be owned by two non-Party 2. Accordingly, on April 26, 199, the registration of the preservation of ownership in the name of G was made for the real estate of 3rd and 2nd floor above the said site (hereinafter “existing building”).

B. G entered into a title trust agreement with L, F and M (hereinafter “title trustee”) with respect to each of the instant existing real estate owned by G, and accordingly completed the registration of ownership transfer on April 14, 200 by one-third shares in the future of the title trustee.

C. G and H and two other parties agreed to extend the existing building of this case. Accordingly, on August 16, 200, H and two other parties and the title trustee obtained a construction permit from the head of Gwangjin-gu Office to extend the existing building of this case into the fourth underground floor, nine floors above ground, and the total floor area of 6,959 square meters.

G On October 5, 200, with respect to the construction for the extension of the existing building of this case (hereinafter “instant extension construction”), G entered into a contract with N (G representative director) and six other parties (hereinafter “instant primary contract”). As to the construction for the extension of the existing building of this case (hereinafter “instant extension”) by October 5, 2001, setting the construction period as KRW 2.655 billion and the construction cost as KRW 2.2 million and entered into a contract with the owner of the building (hereinafter “instant primary contract”).

E. The non-party E Co., Ltd. (hereinafter “non-party E”) took over the ownership of 02 of each floor of the existing building of this case from H et al. around July 2001 and took over the ownership from M to M in the name of M, and obtained the transfer of 1/3 shares of each floor of the existing building of this case from H et al. with the consent of H et al. and 2.

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