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(영문) 서울북부지방법원 2015.11.27 2015나31283
소유권보존등기말소
Text

1. Revocation of a judgment of the first instance;

2. All of the Plaintiff’s claims, including any selective claims added at the trial.

Reasons

1. Basic facts

A. On May 23, 200, the two main industrial development companies (hereinafter “instant apartment”) purchased the approval of the housing construction project plan on B, C, and D ground from the Jung-Eup market in order to construct apartment housing (hereinafter “instant apartment,” and each real estate listed in the attached list No. 1 is located in the apartment complex) and transferred the housing construction right (hereinafter “instant business right,” and all of the instant apartment site and buildings (hereinafter “instant business right, etc.”) to Sambu Industrial Development Co., Ltd. (hereinafter “instant business right, etc.”). In addition to the instant business right, Sambu Industrial Development Co., Ltd. (hereinafter “instant business right, etc.”) transferred the instant business right, etc. to the KD Construction Co., Ltd., and the KD Construction Co., Ltd., Ltd., in order to develop the East-

B. Around July 2006, the same mining industry development company (hereinafter “A”) transferred the instant business rights, etc. to A (hereinafter “A”), and the project entity was changed to A.

C. On May 30, 2006, Samsung Mutual Savings Bank Co., Ltd. (hereinafter “Than Savings Bank”) loaned KRW 4.5 billion as construction work fund to the Dong Mine Industrial Development Co., Ltd., but, as in the preceding paragraph, A acquired the instant business right from the Dong Mine Industrial Development Co., Ltd., and took over the above loan obligations.

On June 24, 2011, the Suwon Savings Bank was declared bankrupt and the Plaintiff was appointed as bankruptcy trustee. On December 14, 2011, 2011, the payment order (A shall pay to the Plaintiff an amount equivalent to KRW 8.3 billion and damages for delay equivalent to KRW 3.4 billion; hereinafter “instant payment order”) became final and conclusive on December 14, 201 by applying for payment order against A with the Seoul Western District Court 201 tea796.

E. The Defendant’s reason for sale on February 6, 2012 is the same year.

3. 19. Completion of the registration of ownership transfer for the instant apartment site, and the same year.

4.5.Hence A’s consent to change of name.

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