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1. The plaintiff's appeal and the plaintiff's conjunctive claim against the defendant B Housing Reconstruction Project Association added in the trial.
Reasons
1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act
2. Summary of the plaintiff's assertion
A. In accordance with the agreement of this case, since Taeil General Construction was originally acquired as to the entire real estate of this case, the preservation registration of the defendant union among the real estate of this case is null and void, the defendant union is obligated to perform the registration procedure for cancellation of preservation registration, and on the other hand, the registration of seizure of the defendant's Seodaemun-gu Seoul Special Metropolitan City and the defendant's Republic of Korea is null and void based on the registration for cancellation of preservation of the defendant union which is null and void, the above defendants are obligated to accept the above cancellation, and the plaintiff, the legitimate creditor for Tae Il General Construction, respectively.
B. Regardless of who is the original acquisitor of the instant real estate, the Defendant Union is obligated to provide the 18-households of general sale, including the instant real estate, to the Taeil General Construction in accord with payment in accordance with the instant agreement. As such, the Defendant Union is obligated to perform the registration procedure for ownership transfer based on payment in substitutes with respect to the 1/2 shares of the instant real estate, and the Plaintiff, the legitimate creditor of Taeil General Construction, who is the legitimate creditor of Taeil General Construction.
3. In general, a person who constructed a building in which his effort and materials are generally used to judge the primary claim shall acquire the ownership of the building. However, in case of a contract, if the contractor and the contractor agree that the ownership of the completed building will vest in the contractor by obtaining a construction permit under the name of the contractor even if the contractor completed the building in which his own effort and materials are brought, the ownership of the building shall be vested in the contractor.