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(영문) 광주고등법원(전주) 2019.03.21 2018나11430
소유권이전등기
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On June 2003, Defendant B, as well as Kim Jong-si, was an apartment for the welfare of the elderly (hereinafter “the apartment of this case”), each of the real estate listed in the attached Table on eight lots, including 1,845 square meters and 1,845 square meters prior to Kim Jong-si, Kim Jong-si (hereinafter “instant apartment”).

) A senior welfare rental housing construction agreement with the purport to construct the housing is concluded, and is designated as the implementer of the construction project on August 14, 2003 by the Kim Jong-si market, and after obtaining a construction permit on December 8, 2003, T Co., Ltd (the current trade name is “U of a stock company”).

hereinafter referred to as “T” only

(2) Defendant B and T were unable to pay the construction cost to the subcontractor who performed the said new construction, and the construction was suspended from April 2005.

On November 14, 2006, on the ground that the construction has been suspended for a long time, Kim Jong-si terminated the construction agreement of the above elderly welfare rental housing, and on May 29, 2007, Kim Jong-gu revoked the designation of the project implementer against Defendant B on the ground that the auction on the site of the above apartment (the Jeonju District Court V, W real estate auction commenced on February 9, 2006) is underway, and it is impossible to implement the project.

B. When Defendant B’s project implementation becomes practically difficult due to the establishment of the limited liability company X and the acquisition of the apartment of this case, Y, at the time, established a separate corporation, which was the representative director of Defendant B, acquired the ownership of the site of this case in the above auction procedure, acquired the right of the site of this case and transferred the relevant business rights based on it, and changed as at April 12, 2007 to X-LLC (the first trade name was the “Z” of limited liability company, and December 11, 2007, as at present.

hereinafter referred to as “X” only

2) On July 3, 2007, X established the apartment site of this case at the above auction procedure and completed the registration of ownership transfer on July 3, 2007. 2) Defendant limited liability company N, around February 2007, issued a provisional disposition prohibiting the disposal of the apartment of this case in which the apartment site of this case was not completed at the time against Defendant B.

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