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(영문) 대구지방법원 2015.01.09 2014가단10844
소유권이전등기말소 등
Text

1. As to the Plaintiff’s real estate stated in the attached list, Defendant B received the registration office of the Daegu District Court on November 25, 2013.

Reasons

1. Basic facts

A. The Plaintiff and C’s relationship 1) The Plaintiff was established to reconstruct the Daegu Suwon-gu D and the 19th ground A apartment and commercial buildings. The Plaintiff obtained authorization from the head of Daegu Suwon-gu on July 29, 200, and completed the registration of incorporation on August 21, 2003. 2) C is the Plaintiff’s member who invested the Plaintiff in the said A apartment 138 Dong 203 (13 square meters).

B. On June 23, 2001, at the fourth session of the Plaintiff’s meeting on June 23, 2001, the Plaintiff (i) changed and selected a lotd Construction Co., Ltd. and a chemical industry Co., Ltd. to a contractor, and (ii) concluded a reconstruction project contract with the said company (hereinafter “instant contract”).

(2) On November 16, 2001, the Plaintiff obtained the approval of the first business plan from the head of Daegu Suwon head of the Gu, and on June 30, 2003, obtained the approval of the modification of the business plan, and formulated a management and disposition plan by holding the approved general meeting on August 26, 2003.

3) After that, the Plaintiff draw lots for the members who filed an application for parcelling-out in accordance with the articles of incorporation and the management and disposal plan after that set forth, and the amount of occupancy charges to C shall be KRW 285,432,00,00, and the real estate in the attached Form No. 62 shall be the real estate (the E apartment to be reconstructed 1416,803, hereinafter “instant apartment”).

4) Since September 25, 2003, C did not conclude a sales contract with the Plaintiff regarding the instant apartment after 30 days have passed since the establishment of the management and disposal plan.

C. 1) On August 9, 2007, F, a creditor of C, applied for a compulsory decision to commence compulsory sale of the instant apartment to G with the Daegu District Court G on August 9, 2007. The above court rendered a decision to commence compulsory sale of the instant apartment on August 22, 2007. 2) Accordingly, on the instant apartment, the registration of preservation of ownership in C (hereinafter “instant registration of preservation of ownership”) was completed on August 22, 2007 on the ground of the commission of registration of compulsory sale of the apartment.

3. Meanwhile, on the other hand.

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