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1. The defendant is attached Form 3.0 square meters among the attached Form 9,261 square meters of land in Yangcheon-gu Seoul, Yangcheon-gu, Seoul for the plaintiff (Appointed Party) and the
Reasons
1. The facts below the basic facts are either in dispute between the parties or in the statements in Gap evidence Nos. 1, 2, 3, 4, 2 and 3, or in the whole purport of the pleadings. (a)
The defendant is a reconstruction association established in Yangcheon-gu Seoul Metropolitan Government to promote a reconstruction project to remove the above tenement house and to newly build an apartment on the site (hereinafter referred to as the “instant reconstruction project”).
B. From August 2003 to April 2008, the Defendant was entrusted with all co-ownership shares of 9,261m2 in Yangcheon-gu Seoul Forest Land (hereinafter “instant site”) from the Defendant’s members, and completed the registration of ownership transfer under the name of the Defendant on the ground of each trust.
C. On the instant site, the Defendant newly constructed D Apartments (hereinafter “instant apartment”). On December 27, 2007, as a subcontractor of the instant reconstruction project, on the instant apartment on the part of the Defendant’s creditor, on the part of the Dongyang Timber Industry Co., Ltd. (hereinafter “Dong Timber Industry”), the Defendant registered the preservation of ownership in the name of the Defendant with respect to the portion of exclusive ownership listed in attached Table 2’s real estate list No. 1 (hereinafter “the portion of exclusive ownership”), among the instant apartment buildings on February 20, 208 upon the commission of the provisional attachment registration of the Gyeyang Timber Industry, the registration of ownership ownership was made under the name of the Defendant with respect to each section of exclusive ownership listed in attached Table 2(2), 3, and 4 of the instant apartment among the instant apartment buildings on February 20, 208 (hereinafter “section of exclusive ownership”), but the registration of ownership ownership was not made (hereinafter “each section of exclusive ownership”).
On December 23, 2010, the Defendant’s members hold a general meeting of partners on December 23, 2010 to effect that the Defendant’s right to a site under the name of the Defendant has been registered on the instant site in the name of the members and general buyers.