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(영문) 서울북부지방법원 2018.08.28 2017나35449
건물명도등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. 1) In the process of the change in ownership of the instant real estate, Seongbuk-gu Seoul, Seongbuk-gu, and 19 apartment units on the 5th apartment units on the G ground, including the instant real estate, were unregistered buildings newly constructed by E. 2) However, upon the entrustment of the provisional disposition registration by the court on February 10, 2004 with respect to the instant real estate, the registration of ownership preservation was completed in the name of E, the original acquisitor, and the right to be preserved on the same day, upon the request of the court for the provisional disposition registration, the right to claim ownership transfer registration according to the “The right to be preserved” or the right to claim ownership transfer registration

3) Next, on June 3, 2004 with respect to the instant real estate, the registration of ownership transfer was completed by Defendant A and F on the ground of “the sale on March 4, 2004” and “the ownership transfer registration was completed to one-half co-owners of each share. 4) On the ground that, in order to exercise the right to be preserved for the provisional disposal registration as described in the foregoing paragraph 2, the Siamamamamamdong Community Fund filed a lawsuit against E with the Seoul Central District Court 2004Gahap5610 on the ground that, for E to exercise the right to be preserved for the provisional disposal registration, E lost its interest due to delay in repayment of the principal and interest of the instant real estate. 5) On April 5, 2005, the Siamam Saemaul Community Fund was affirmed by the above court on May 15, 2003, and the judgment became final and conclusive around that time.

6) However, without cancelling the registration of co-ownership of Defendant A and F, in conflict with the registration of prohibition of provisional disposition as stated in the above paragraph (2) of June 8, 2005, each share of co-ownership of the above co-ownership was registered on the ground of "payment in kind on May 15, 2003 by the final and conclusive judgment entered in paragraph (5)."

7) Thereafter, on November 25, 2009, Indiantech Co., Ltd. (hereinafter “Intetratech”) with respect to the instant real estate

The name of the company is limited to "trade on November 24, 2009".

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