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(영문) 부산고등법원 2014.10.01 2013나5411
유치권부존재확인
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The registration of ownership preservation of an aggregate building was completed on October 27, 2005 by an application for provisional attachment of Qu, a creditor of theO, while the construction of the N building and the registration of ownership preservationO corporation (hereinafter “O”) had been newly constructed on the P ground of Ulsan-gu P, Ulsan-gu, and the construction business operator who participated in the new construction but failed to pay the construction cost properly.

B. The creditors R, S, and T applied for a compulsory auction on the buildings listed in the attached list Nos. 1 through 6, 10, 12, and 16, which are parts of the N building, to U of the Ulsan District Court for a compulsory auction on April 11, 2007 and the decision to commence compulsory auction was issued on April 13, 2007, and the entry registration of the above decision to commence compulsory auction was completed on April 13, 2007.

C. On March 2, 2010, Plaintiff A(A) V purchased the first building listed in the separate sheet at the above auction procedure on March 2, 2010, and completed the registration of ownership transfer in the following name. Thereafter, Plaintiff A purchased the said building from V on May 8, 201 and completed the registration of ownership transfer in its name on May 18, 201.

B) W on October 20, 2009, purchased buildings listed in the separate sheet Nos. 2, 4, 5, and 6 in the above auction procedure, and completed the registration of ownership transfer in its name on the 28th day of the same month, and thereafter, the Plaintiff purchased each of the above buildings from W on May 8, 2011 and completed the registration of ownership transfer in its name on May 18, 201.C) R, S purchased buildings listed in the separate sheet Nos. 3, 10 in the above auction procedure on October 28, 2009, and completed the registration of ownership transfer in its name on November 10, 209, and purchased each of the above buildings from R and S under its name on March 24, 2010, and completed the registration of ownership transfer under its own name on June 10, 2010, and completed the registration of ownership transfer from the Plaintiff No. 731, Jul. 17, 2017.

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