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(영문) 대전지방법원 천안지원 2017.04.21 2015가합101477
건축주명의변경절차이행 청구 등
Text

1. The part of the lawsuit in this case against Defendant B is dismissed.

2. Defendant A shall attach 2.3 to the Plaintiff.

Reasons

1. Basic facts

A. On January 11, 1990, D entered into a construction contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the land outside E and seven parcels (hereinafter “instant land”), which were owned by it, in order to construct a studio 5 underground and 20th above-ground officetels building. On January 20, 190, D set up a collateral on the instant land to secure the payment of the construction price claim under the said construction contract.

B.D shall make a report on the commencement of construction on May 25, 1990 with respect to the construction of the above building and for the same year.

7. Permission for construction from the Onnuri market;

(The details of the building permit are as shown in attached Form 2; hereinafter the above building permit is referred to as “instant building permit,” and the right according to the building permit in this case is referred to as “instant building permit.”

Around May 25, 1990, Defendant B started the construction of the above building and continued the construction from May 25, 199 to the first underground floor, and suspended the construction due to the failure to pay the construction cost.

(As above, the condition of the building at the time of the discontinuance of construction is as indicated in Appendix 1’s “the display of the building.” hereinafter) D.

On September 17, 2004, Defendant B applied for a voluntary auction of the instant land based on the foregoing right to collateral security (F of this court), and this court decided to commence the voluntary auction procedure for the instant land on September 20, 204.

(2) The auction court held that the building of this case was an accessory to the land of this case and held that the auction court held the building of this case as an accessory to the land of this case as an auction procedure of this case.

Defendant B received a decision of permission for sale from the highest bidder on December 27, 2005 at the instant auction procedure, and paid the sale price on February 14, 2006, and completed the registration of ownership transfer on the instant land on December 18, 2006.

(e) it;

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