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(영문) 대구지방법원경주지원 2015.01.30 2014가단1471
소유권이전청구권가등기 말소 등
Text

1. The Plaintiff is the Daegu District Court on October 28, 2013 with respect to the real estate stated in the separate sheet to an independent party intervenor.

Reasons

1. Progression of litigation and scope of adjudication;

(a)The following facts are apparent or obvious to this court in the records:

1) On March 14, 2014, the Plaintiff filed a lawsuit against C and the Defendant, claiming for the cancellation of the provisional registration for ownership transfer registration, etc. On July 9, 2014, when the lawsuit is pending, the custodian A of LS Construction, a rehabilitation company, applied for the intervention of the Plaintiff, but withdrawn the application for intervention on September 12, 2014 from the third date for pleading. (2) On September 11, 2014, the independent party intervenor filed an application for intervention against the Plaintiff, C and the Defendant for the cancellation of the provisional registration for ownership transfer.

3. On October 24, 2014, the Plaintiff withdrawn a lawsuit filed against C and the Defendant on the fourth date for pleading, and the C and the Defendant, and the independent party intervenor consented to the withdrawal thereof.

In addition, an independent party intervenor voluntarily withdrawn the part of the claim seeking consent to the cancellation of provisional registration filed against C at the date of fourth pleading, and C consented to the withdrawal of the above claim.

B. According to the above facts of recognition, ① the lawsuit brought by the Plaintiff was terminated in accordance with the withdrawal of the lawsuit, ② the Plaintiff’s Intervenor voluntarily withdrawn the application for intervention, ③ the independent party intervenor’s withdrawal of the part of the claim against the Plaintiff and the Defendant, which eventually led to the independent party intervenor’s withdrawal of the part of the claim against the Plaintiff Co., Ltd., the instant lawsuit remains. Accordingly, only

2. Basic facts

A. In around 2009, Nonparty ELS Construction Co., Ltd. (hereinafter “ELS Construction”) entered into a contract for the construction of a F apartment on the third parcel of land outside Gyeonggi-si with the Co., Ltd. (hereinafter “C”), and subsequently, the said construction was newly built on the third parcel of land outside Sejong-si. The Plaintiff filed a lawsuit against Nonparty 1 claiming construction cost as it did not receive KRW 400,000,000 out of the construction cost.

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