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(영문) 전주지방법원 2018.08.23 2017가합5265
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On June 2003, Defendant B, as well as Kim Jong-si, was an apartment for the welfare of the elderly (hereinafter “the apartment of this case”), each of the real estate listed in the attached Table on eight lots, including 1,845 square meters and 1,845 square meters prior to Kim Jong-si, Kim Jong-si (hereinafter “instant apartment”).

) The elderly welfare rental housing construction agreement was concluded with the purport of building the elderly, and was designated as the implementer of the building project on August 14, 2003 by the Kim Jong-si market. On December 8, 2003, the building permission was granted on December 8, 2003, the non-party T Co., Ltd. (the current trade name is

hereinafter referred to as “T” only

(2) Defendant B and T were unable to pay the construction cost to the subcontractor who performed the said new construction, and the construction was suspended from April 2005.

On November 14, 2006, on the ground that the construction has been suspended for a long time, Kim Jong-si terminated the construction agreement of the above elderly welfare rental housing, and on May 29, 2007, Kim Jong-gu revoked the designation of the project implementer against Defendant B on the ground that the auction on the site of the above apartment (the Jeonju District Court V, W real estate auction commenced on February 9, 2006) is underway, and it is impossible to implement the project.

B. When the project implementation of Defendant X was practically difficult, Nonparty X, the representative director of Defendant B, at the time of April 12, 2007, established a separate corporation and acquired the ownership of the site of the instant apartment at the above auction procedure and transferred its business rights based on it, and changed the name on December 11, 2007 to X, a limited company X (the first trade name is “Z” and the first trade name was changed to “Z” and the trade name on December 11, 2007.

hereinafter referred to as “X” only

(2) Around February 2007, X established the apartment site of this case in the above auction procedure and completed the registration of ownership transfer on July 3, 2007. (2) Defendant limited liability company N issued a provisional disposition prohibiting the disposal of the apartment of this case, which had not been completed at the time against Defendant B around February 2007.

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