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(영문) 창원지방법원 2019.05.02 2018나57176
건물명도(인도)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. B’s purchase of each of the instant lands and acquisition of the actual owner’s status in B) B is a stock company E on July 10, 2003 (hereinafter “E”).

(E) The F, G land (hereinafter collectively referred to as “F land” and “G land”) in Haan-gun, Haan-gun, Haan-gun and D (hereinafter referred to as “E”) are collectively referred to as “each of the instant lands.”

(H 36 households, hereinafter referred to as “instant housing”) newly constructed on the ground and on the ground;

(2) At the time of the conclusion of the above sales contract, E and D agreed to transfer the site ownership and the name of the owner of the instant house to a person designated by B or B. However, B changed the existing owner E with respect to the housing 18 households that were newly built on the F land among the 36 households of the instant housing, and continued the new construction work without keeping the existing owner D with respect to the apartment 18 households that were newly built on the G land (hereinafter “instant apartment”).

B. On June 27, 2003, with respect to each of the lands of this case, J's registration of ownership transfer and change of the owner of each of the lands of this case (1). On June 27, 2003, the auction procedure was initiated. While B does not register the ownership transfer, J continued to sell each of the lands of this case on August 18, 2004 and completed the registration of ownership transfer on August 30, 2004. 2) E and J provided B on September 23, 2004, "J provided F land as security for the smooth completion of the house of this case," and the owner of each of the apartment of this case changed the name of the owner of each of the building of this case to the name of the owner of each of the apartment of this case, and as a result, changed the name of the owner of each of the apartment of this case to D on September 24, 2004.

C. Registration of preservation of ownership of J as to the apartment of this case and registration of transfer of L ownership 1.

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