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(영문) 인천지방법원 2015.07.23 2015가합1693
소유권보존등기말소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant X-building housing association (hereinafter “Defendant association”) is a reconstruction housing association established to perform a project (hereinafter “instant project”) that removes existing houses within the Incheon Gyeyang-gu Z and AA ground X complex and constructs real estate on the 2nd underground floor and the 15th ground surface (hereinafter “instant building”).

B. Around 2002, the Defendant Union entered into a contract for the implementation of the instant apartment reconstruction project with the Asia Industrial Development Co., Ltd. (hereinafter “Tai Industrial Development”), and the remaining Plaintiffs except the Plaintiff L entered into a supply contract with the Defendant’s members to purchase commercial buildings or apartment houses from the Asia Industrial Development from around 2003 to 2009, or from the Defendant Union’s association. The Plaintiff L was transferred from the Plaintiff’s member to the buyer’s status as to the above commercial buildings A-106.

C. Since the Asia Industrial Development entered into the above implementation construction contract and suspended the construction work of the instant building (hereinafter “instant construction”), the Defendant Mutual Association terminated the said execution construction contract and entered into a new execution construction contract for the implementation of the instant project (hereinafter “instant execution construction contract”), but, on March 21, 2006, the Guro Comprehensive Construction Co., Ltd. (hereinafter “Roman Comprehensive Construction”) did not complete the instant construction project due to the shortage of the construction fund.

Since then, upon filing an application for a compulsory auction for the instant building with the Incheon District Court Y, the above court rendered a decision to commence compulsory auction for the instant building on October 16, 2009 (hereinafter “decision to commence compulsory auction”), and commissioned the Incheon District Court following the decision to commence compulsory auction.

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