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(영문) 수원지방법원 2017.12.21 2017가합660
말소등기에 대한 승낙
Text

1. All of the plaintiff's lawsuits shall be dismissed.

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

Reasons

1. Basic facts

A. On August 30, 2010, the Plaintiff: (a) contracted the construction of each of the buildings listed in the separate sheet (hereinafter “instant building”) on the land outside B and four parcels in Yangju-si from Nonparty Jinjin Construction Industry Co., Ltd. (hereinafter “Sajin Construction”); and (b) rescinded the said construction contract on or around December 27, 2011 while performing the construction work.

Accordingly, the plaintiff has a claim for 361,315,701 won and damages for delay due to the construction cost on the advanced construction.

B. Afterward construction, the owner of a building continued to implement the construction through the elim comprehensive construction company, and the name of the owner was changed to Nonparty C and D.

C. The Defendant, a creditor against C, applied for provisional seizure against C’s 1/2 shares in respect of the instant building. On February 11, 2014, the Jung-gu District Court rendered a provisional seizure order as to C’s 1/2 shares in the instant building as of February 11, 2014, and on February 13, 2014, upon a request for provisional seizure registration, registered the preservation of ownership and the provisional seizure registration for C’s 1/2 shares in respect of the instant building on February 13, 2014.

The Plaintiff filed a lawsuit for revocation of a fraudulent act with respect to the registration of cancellation of ownership preservation on the instant building, with the Seoul Eastern District Court Decision 2014Gahap10496, as Seoul Eastern District Court Decision 2014Gahap10496, as well as the agreement to change the name of the owner of the instant building between Jinjin Construction and C and D, as a fraudulent act against the Plaintiff. The Plaintiff filed a lawsuit for revocation of a fraudulent act with respect to the implementation of the procedure to change the name of the said owner to a clear construction and the implementation of the registration procedure for cancellation of ownership preservation on September 19, 201

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is the actual owner of the instant building.

Nevertheless, the name of the owner of the building in this case, which was under construction with C and D.

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