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(영문) 대구지방법원 상주지원 2018.01.10 2016가단8762
소유권이전등기
Text

1. The second preliminary claim is dismissed among the lawsuit in this case.

2. The plaintiff's primary claim and the first, third preliminary claim.

Reasons

1. Basic facts

A. D on November 23, 2004, on the ground of E and F land (hereinafter collectively referred to as “instant land”), D obtained a construction permit to construct temples and charnel buildings on the ground of their own land and land in the time of their possession.

B. The Plaintiff and D ordered G to undertake the construction work of the building (hereinafter “instant construction”) and the construction work was suspended due to the unpaid construction cost, and again ordered H to contract the construction work, but the unpaid construction work was also suspended due to the payment of the construction cost, and it again ordered I to contract the construction work again on March 2006.

C. D on August 7, 2006, in order to secure the obligation for the construction cost to be borne by the Plaintiff and D with I, completed the provisional registration of the right to claim ownership transfer in the name of I on the ground of trade reservation, and around that time, changed the name of the construction permit of the instant construction to I.

I completed the instant construction on January 2007, and completed the registration of ownership transfer in the name of the Defendant on February 6, 2007 with respect to each building listed in the separate sheet (hereinafter collectively referred to as “instant building”), and completed the registration of ownership transfer in the name of the Defendant on December 15, 2015.

E. Meanwhile, I filed a lawsuit against the Plaintiff seeking the payment of the construction cost in the instant court No. 2014Gahap5179 (the principal lawsuit) against the Plaintiff, and the Plaintiff filed a counterclaim against the Plaintiff with the Plaintiff to seek the registration of ownership transfer of the instant building (the instant court 2014Gahap5261). On July 21, 2016, the instant court dismissed the claim for the principal lawsuit and sentenced the Plaintiff to accept the counterclaim on the ground that the Plaintiff is the original acquisitor of the instant building.

With respect to the above judgment, I appealed to the Daegu High Court No. 2016Na24766 (principal lawsuit), No. 2016Na24773 (Counterclaim). On June 30, 2017, the above court dismissed the appeal against I’s principal lawsuit, while filing an appeal against the counterclaim on the ground that the original acquisitor of the building in this case is not the plaintiff but the partnership whose members are D, and the part concerning the counterclaim in the first instance judgment is revoked.

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