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(영문) 대전지방법원천안지원 2015.09.01 2014가단106218
소유권보존등기말소등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. The plaintiffs' assertion

A. After Defendant Sejong-do Co., Ltd., Ltd. (hereinafter “Defendant Co., Ltd”) obtained the construction project approval from the Inananan City, it acquired the ownership of each of the real estate listed in the separate sheet (hereinafter “instant building”) constructed on the land of 2,105 square meters and five lots (hereinafter “instant land”) located in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoul (hereinafter “instant land”) on September 29, 2010, and again, the Plaintiffs acquired the ownership by winning the bid through the voluntary auction procedure with the Daejeon District Court’s Daejeon District Court’s support for the E auction procedure.

Nevertheless, Defendant A, B, and C, etc. filed an application for provisional attachment with the Daejeon District Court Branch Branch of 2011Kadan365 on the instant building with the Defendant Company as the debtor, and received the decision of provisional attachment on February 28, 2011. On March 3, 2011, upon the entrustment of the above provisional attachment registration, the registration of preservation of ownership on the instant building was made in the future of the Defendant Company (hereinafter “instant registration of preservation of ownership”). The above registration of preservation of ownership was null and void as it was made on the goods owned by others. The above registration of preservation of ownership should be revoked. Defendant A, B, and C, a third party interested in the instant building for which the registration of provisional attachment registration was made, are obligated to express their consent for the registration of cancellation of the above registration of preservation of ownership.

B. In addition, the instant building is an accessory building of F apartment, and it cannot be the independent purpose of ownership separate from the sectional ownership of the building. Therefore, the instant registration of ownership preservation should be cancelled as it is a registration in violation of the Building Act or the Act on the Ownership and Management of Aggregate Buildings.

2. The original acquisitor of the ownership of the building in this case;

A. In the absence of special circumstances, a person who newly constructed a building with his own cost and effort shall acquire the ownership of the building, regardless of whether the building permit was made in the name of another person, and on the other hand, construct the building due to the circumstances of the building owner.

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