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(영문) 의정부지방법원고양지원 2010.01.13 2009가합921
소유권말소등기
Text

1. Of the instant lawsuit, the Plaintiffs and Defendant A Co., Ltd. against Defendant Democratic Industry Development Co., Ltd.

Reasons

1. The facts subsequent to the underlying facts are recognized by the respective descriptions of Gap evidence Nos. 1 to 6, 9, 13 (including each number), Eul evidence Nos. 1 and 2 and the purport of the whole pleadings.

A. The Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) entrusted by E and performed the new construction of “G”, which is an aggregate building for business, sales, neighborhood life and sports facilities, on the F-dong-gu Seoul Metropolitan City F (hereinafter “instant building”) (hereinafter “instant building”). The Defendant Democratic Industry Development, around December 29, 2006, when the said construction is in progress, purchased the right to sell the said commercial facilities on the lower floor (363 units on the ground level from the Seoul Asset Management Co., Ltd. and the National Bank, etc.) from the Korea Land Trust to purchase the commercial facilities on the lower floor (363 units on the ground level from the underground level to the third floor) of the said commercial facilities.

B. From the beginning of 2007, Defendant Democratic Industry Development performed sale of the above stores, and sold part of “A” (Nos. 2165 to 2173) of the attached Form 1 (No. 2165 to 2173) designated as sales facilities among the stores located on the second floor of the instant building to Defendant A, and part of “B” of “A” (No. 2153 to 2157-5) of the attached Form 1 (No. 2153 to 2157) designated as a general restaurant among the stores located on the second floor of the said building; and part of “A” (No. 2) of the attached Form 2 designated as a general restaurant among the stores located on the first floor of the said building to Defendant B (No. 2170 to B178,B180 to B1182-182).

(hereinafter referred to as “instant commercial building”, “B”, and “C” combined with the foregoing parts.

On the other hand, after approval for use was granted on August 20, 2007 for the building of this case, the preservation registration was completed on October 12, 2007 in the name of the Korea Land Trust on the part of the part within the building of this case, including the commercial building of this case, and on October 23, 2007, the preservation registration was completed on October 28, 2007.

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