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(영문) 서울중앙지방법원 2017.05.18 2015가단5358167
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Daesan General Construction Co., Ltd. (hereinafter “Tsan Construction”) purchased the land of the land of the land of the land of the land of the land of the land of the land of the land of the land of the land of the Doposi-si, Mapopo-si, and obtained a building permit of the C Commercial Building of the third floor above the ground of the land of the 7th floor above (hereinafter “C”) on January 23, 1995, and started the construction of the new construction on February 4, 1995 (hereinafter “instant construction”). However, the construction was suspended due to the shortage of funds from the construction to the creditor, etc., and the legal disputes or litigation were displayed.

B. On the other hand, E acquired the right to sell the said three stores from D in accord and satisfaction, and discussed the method of preserving ownership of the said three stores in the situation where the instant construction was suspended, and the F et al. applied for provisional disposition against E on September 27, 2001 by the Suwon District Court No. 2001Kadan11696, and the provisional disposition was issued by the court on September 27, 2001, due to the mistake by a public official entrusted with the above three stores, as the whole of the three stores were divided into 61 stores around October 6, 201, and c101 was completed in the name of E, including c101 stores.

(hereinafter the above 101 store is referred to as “instant store,” and the preservation registration of the above 101 is referred to as “instant preservation registration.”

Then, on November 26, 2001, Taesan Construction filed a lawsuit for cancellation of registration of preservation of ownership on the remaining stores (including the above three stores) other than Suwon District Court 2001Kahap1418 (including the above three stores) and filed a lawsuit for cancellation of registration of preservation of ownership on June 18, 2003 with the above court for the above court's request for cancellation of registration of cancellation of registration of preservation of ownership.

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