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(영문) 대전지방법원 2015.12.23 2014가합101211
소유권이전등기말소등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiffs A and E are married couple, and F, the representative of Plaintiff Incorporated Company B (hereinafter “Plaintiff Company”) is Plaintiff A’s husband and wife.

On the other hand, the defendants are married couple.

B. On January 6, 2005, Plaintiff A obtained a building permit for the extension of each warehouse building listed in paragraphs 1, 3, and 5 of the attached Table 1 on the ground of each land listed in paragraphs 1, 3, and 4 of the attached Table 1, the ownership of the Plaintiff A, but failed to commence the said extension work on August 6, 2009, and obtained the approval for use after completing the said extension work on November 6, 2009.

C. On March 21, 2005, Plaintiff A and E completed the construction of the above new building on February 9, 2010 and obtained approval for use on the ground of the land listed in Section 1 of Attached Table 2, E, as the owner of the building for the new construction of each restaurant building listed in Table 2, Section 2, and Section 3 of Attached Table 2, but did not begin with the construction of the above new building before completing the construction of the above warehouse construction.

On the other hand, the Plaintiff Company was established on February 24, 2010, and on April 15, 2010, transferred the ownership of the land listed in Section 1 of Attached Table 2 List E from E.

Plaintiff

A From May 2010 to the Plaintiff Company, from around 606 square meters in the name of the Plaintiff Company, two new construction works for multi-family houses (hereinafter “instant new construction works for multi-family houses”) began on July 20, 201, where the land category of each divided land was changed to the site on September 7, 2011, and the said G parcel number was changed to Sejong Special Self-Governing City I as a result of the change of the administrative district name) and on the ground of 35 square meters in JJ 35 square meters in the name of the Plaintiff Company (hereinafter “instant new construction works for multi-family houses”) and two new construction works for multi-family houses (hereinafter “instant new construction works for multi-family houses”) were completed on July 20, 201.

[One of the multi-family houses mentioned in paragraph (3) of the attached Table 3 (attached Form 3) was constructed on the ground of the above G and J (attached Form 1 and paragraph (2) of the attached Table 3), and the remaining one was constructed on the ground of H).

Defendant C is the extension construction of the above warehouse building and the restaurant building.

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