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(영문) 인천지방법원 2017.08.22 2016가합60347
건물철거 및 토지인도 등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On January 19, 2004, the Plaintiffs completed the registration of ownership transfer with respect to each of the lands listed in the separate sheet No. 1 (hereinafter “each of the lands of this case”) on December 8, 2003, after completing the registration of ownership transfer with respect to each of the lands listed in the separate sheet No. 1 (hereinafter “each of the lands of this case”). On April 20, 2005, the Plaintiffs completed a construction work with permission for the construction of collective housing on each of the lands of this case from the head of Incheon head of the Nam-gu, Incheon on April 20, 2005, and completed a provisional registration with respect to each of the lands of this case on May 26, 2006 on May 19, 2006.

B. On August 13, 2007, the Plaintiffs entered into a sales contract with Ildong Integrated Construction Co., Ltd. (hereinafter “ Ildong Integrated Construction”) with the content that each of the instant land and each of the instant completed buildings (including the 6th floor structural frame at the time of the completion of the instant completed building; hereinafter “the instant completed building”) and all of the materials sold at KRW 850 million in purchase price (hereinafter “the first sales contract”), and the transfer of ownership in the future of Ildong Integrated Construction entered into a sales contract with the method that the principal registration was completed based on the registration of the right to claim the transfer of ownership in the instant E’s name.

C. On November 20, 2007, the plaintiffs filed a lawsuit against the Incheon District Court for the cancellation of the ownership transfer registration for each of the land of this case against the Japanese comprehensive construction. The above court rendered a judgment on May 14, 2008 that "Japan comprehensive construction will cancel the registration of ownership transfer for each of the land of this case" due to the cancellation of the first sale contract on each of the land of this case. On August 28, 2009, the appellate court rendered a judgment on August 28, 2009 that "Japan comprehensive construction will cancel the registration of ownership transfer for each of the land of this case" (Seoul High Court Decision 2008Na5262), and the above judgment became final and conclusive on September 18, 2009.

hereinafter referred to as "the case."

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