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(영문) 창원지방법원 2017.01.19 2016나56667
소유권보존등기말소
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. 1) Mok Construction Co., Ltd., a joint housing construction project, i.e., the progress of the joint housing construction project, i.e., H apartment (current “I apartment”; hereinafter referred to as “I apartment”), regardless of whether it was before or after the change in the name of the apartment, on three lots, including G, Gyeongnam-gun, Gyeong

2) On October 193, 1993, the construction was suspended due to financial difficulties while performing the construction of two new Dongs, and thereafter, the construction was suspended through the construction of the National Assembly (hereinafter “National Assembly”).

(2) On April 14, 2001, the construction of the said apartment was transferred to Defendant B (hereinafter “Defendant B”) with 182 units of I apartment units, including real estate listed in the separate sheet (hereinafter “instant real estate”). In addition to the above transfer contract on August 13, 2001, in addition to the above transfer contract on August 13, 2001, the construction of the said apartment units agreed with Defendant B that Defendant B owned 50% of the shares of Defendant B, and obtained the approval on August 28, 2001 by changing the project owner of I apartment units to Defendant B.

3) At the time of transfer to Defendant B of 182 I apartment units composed of the I apartment units with the operation of Bowon Construction and the Nadong, the construction completed almost all of the construction except for part of the completed construction in the case of the operation of the instant real estate, and the occupants were occupying the instant real estate in advance. (B) Defendant B’s creditor of the instant real estate was issued a provisional attachment order under the Changwon District Court 2004Kahap35 on May 19, 2004 as to the instant real estate, which had not been registered as at the time of May 19, 2004, and the registration of ownership preservation (hereinafter “the instant ownership preservation”) was completed in accordance with the commission of the registration of provisional attachment No. 9580 on May 21, 2004.

2) Defendant C and Nonparty K shall not be held in the Changwon District Court for each of the instant real estates nor be held in the registry office on March 7, 2006, as the principal registrant’s provisional registration of the right to claim transfer of ownership (the provisional registration completed by Defendant C) (hereinafter “instant provisional registration”).

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