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(영문) 창원지방법원 밀양지원 2018.04.25 2017가단11768
소유권말소등기
Text

1. The Plaintiff:

A. As to the apartment buildings listed in the attached list No. 1, Defendant C is the Changwon District Court.

Reasons

1. Basic facts

A. At around January 191, 191, in the case of the R apartment (former S apartment) construction project on the three lots, including Honam-gun Q, the construction was suspended due to the financial difficulties while the T stock company was performing construction as a project implementer. Thereafter, around October 193, 193, K Co., Ltd. V (hereinafter “V”) was transferred the right to operate the above apartment construction project.

B. However, V also failed to properly carry out the above project and neglected the construction for a long time. Around April 14, 201, the Plaintiff acquired assets and liabilities related to the said new apartment construction project from V, and completed the construction project after obtaining approval for the change of the project implementer around August 2001.

C. Each apartment of this case was completed on April 21, 2004 in the name of the plaintiff due to the commission of registration of provisional attachment or provisional disposition before obtaining approval for use.

The current status of the alteration of rights on the registry concerning each apartment of this case is as follows.

1) W and X completed the provisional registration of the right to claim the transfer of ownership (hereinafter “provisional registration No. 1”) under No. 3561 on March 7, 2006, received on March 7, 2006 from the Changwon District Court on the ground of the pre-sale agreement as of March 6, 2006 with respect to each of the 1/2 shares of the instant apartment among the instant apartment No. 1. 1.

B) W received the provisional registration of the right to claim ownership transfer of X’s above 1/2 shares on April 17, 2006. Defendant B transferred the provisional registration of the right to claim ownership transfer from W on July 20, 2007 and completed the provisional registration of the right to claim ownership transfer on August 2, 2007. On July 20, 2007 due to the sale and purchase as of July 20, 2007, WY completed the registration of ownership transfer under the provisional registration No. 15998 of receipt on August 2, 2007, instead of the Changwon District Court and the registration of the right to claim ownership transfer on October 17, 2007. Defendant C completed the registration of the right to claim ownership transfer on July 6, 201.

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