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(영문) 춘천지방법원강릉지원 2015.10.14 2015가단560
소유권말소등기 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. A. Around January 2014, Defendant Company filed a compulsory auction order with this court D on the instant real estate that was not registered at the time according to the instant protocol of mediation against Defendant B, and received a compulsory auction ruling from this court on January 10, 2014.

B. Accordingly, on January 10, 2014, the instant court completed the registration of the decision to commence compulsory auction as to Defendant B-1/2 shares of each of the instant real estate among the instant real estate upon the commission of the registration of the decision to commence compulsory auction on January 10, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 1 (including virtual number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion (1) around January 2005, the Plaintiff purchased the instant real estate from the KD Construction Co., Ltd. (hereinafter “KD Construction”) in which approximately KRW 70% process had already been completed, and subsequently acquired the instant real estate from the original purchaser.

(2) Therefore, since the instant real estate is owned by the Plaintiff, the instant registration of ownership preservation in the name of Defendant B and C pertaining to the instant real estate should be cancelled by its invalidation, and the Defendant Company should express its intention to accept the registration of cancellation.

Furthermore, with respect to the instant real estate owned by the Plaintiff, the execution that the Defendant Company completed in accordance with the instant protocol of mediation should also be denied.

B. In the case of completion of the remaining construction after delivery of the building with a completed building which had been interrupted due to the circumstances of the building owner, if the building had a type and structure that can be seen as an independent building under social norms at the time of discontinuance of the construction, the original owner shall acquire the ownership of the building; if the building had a minimum columns, roof and walls, it shall meet the requirements for the building as an independent real estate.

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