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(영문) 서울고등법원 2016.08.23 2014나2038638
소유권이전등기 등
Text

1. The appeal against the defendant F by the plaintiff (applicant) shall be dismissed.

2. Of the judgment of the first instance court, against Defendant B and C.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting a housing reconstruction project for apartment and commercial buildings in Gwangjin-gu Seoul Special Metropolitan City, including each real estate listed in the separate sheet (hereinafter “the instant real estate 1 through 9”) according to the title of the attached list, and the Plaintiff completed the establishment registration on July 27, 201 with the authorization from the head of Gwangjin-gu Seoul Special Metropolitan City Office for the establishment of an association.

B. Defendant B owned and possessed the real estate Nos. 1 and 2 of this case. 2) Defendant C owned and possessed the real estate Nos. 3 and 4 of this case. The establishment registration of a neighboring mortgage, which is the debtor C and the mortgagee, was completed with respect to each of the above real estate.

3) At the time of October 20, 201, which was the date of the filing of the instant lawsuit, R owned the instant immovables 5 through 8. However, on March 14, 2012, the provisional registration of the right to claim the transfer of ownership was completed as of March 13, 2012 on each of the instant immovables. The principal registration of the right to claim the transfer of ownership was completed as of March 13, 2012 on the date of the filing of the instant lawsuit. The principal registration of the right to claim the transfer of ownership was completed as of March 15, 2013 on the date of the filing of the instant lawsuit. As of the date of the closing of argument at the trial, the right to claim the transfer of ownership was occupied by the person who acquired the instant immovables as of March 15, 201, the maximum debt amount was KRW 8,280,000,000, the obligor, the obligor, and the obligor, the 1000, the maximum debt amount as of the instant immovables.

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