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(영문) 수원지방법원성남지원 2011.06.08 2010가단16679 (1)
지료
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Defendant is a reconstruction association formed for reconstruction of B houses on the ground of five parcels, including the area of 1,685 square meters (hereinafter “instant land”) in Hanam-si, Chungcheongnam-si.

B. On January 12, 2002, the Defendant, upon obtaining the approval of the housing construction project plan from Chungcheongnam-si, started a new construction work of reinforced concrete building on the 8th underground floor above the above real estate surface (total of 41 households, total of 19 households, and the remaining 22 household members’ shares).

C. Around May 16, 2002, the members of the Defendant’s association entrusted their respective 1/22 shares of the instant land to the Defendant and completed their registration.

The above apartment building was completed on November 28, 2003, and the members of the defendant's association moved into the business, E from among the defendant's members, E from 705, and F from 503.

E. Meanwhile, among the Defendant’s members, the right to collateral security was already established prior to the above trust registration with respect to the Defendant’s share in land E and F. As a voluntary auction with respect to the said share, the right to collateral security was held on December 22, 2006, and 1/22 shares owned by F. G and H respectively, and 1/22 shares owned by E.

F. The Plaintiff (Appointed Party) purchased 30.575/1685 shares of the instant real estate on May 15, 2008, and D 46.016/1685 shares of 46.085 shares of the same day from the Sast Co., Ltd. for the same year.

7.2. Each registration of ownership transfer shall be completed.

G. Meanwhile, on April 10, 2008, the Plaintiff (Appointed Party) acquired ownership at the auction of the above apartment No. 705 in the first compulsory auction procedure with the Sungwon District Court Sung-nam Branch of the Sungwon District Court on April 10, 2008, and the present lawsuit is in progress over whether the Defendant and the right to

(Reasons for Recognition), Gap's evidence 1 through 6, Eul's evidence 1 through 3, significant facts in this court, the purport of the entire pleadings, and the purport of the whole pleadings.

2. Determination:

A. The gist of the Plaintiff’s assertion is the Plaintiff (Appointed Party) and the Appointed D (hereinafter “Plaintiff, etc.”).

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