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(영문) 수원지방법원평택지원 2016.08.11 2015가합9419
소유권말소등기
Text

1. Defendant N:

A. 1.2/2 of each of the real estate listed in [Attachment 2 List Nos. 1 to 5, 10, 14 to 18.

Reasons

1. Determination as to the claim against Defendant N

A. The Plaintiff, upon receiving the Plaintiff’s cost and effort, constructed each real estate listed in the separate sheet Nos. 1 through 7, 9 through 18. Of these, with respect to each real estate listed in the separate sheet No. 1 through 5, 10, 14 through 18, the registration of provisional attachment No. 2354 was entrusted on May 8, 2013, and with respect to each real estate listed in the separate sheet No. 6, 7, 9, 11, and 13, the Suwon District Court entrusted the registration of provisional attachment No. 2, No. 6763, Dec. 17, 2012, each of which was received on December 17, 2012, the registration of preservation of ownership was completed with respect to each of the above real estate under the name of Defendant B and C, and Defendant NN completed the registration of provisional attachment as the receipt of No. 10212, Feb. 28, 2014.

Since the original acquisitor of each of the above real estate is the plaintiff, each preservation registration in the name of the defendant B and C must be cancelled as a cause invalidation, and the defendant N, who is an interested party to the above cancellation, must express his/her intention to accept the registration of cancellation.

(b) Applicable provisions of Acts: Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Determination as to claims against the remaining Defendants other than Defendant N

A. On July 9, 2004, the non-party R obtained a building permit for the construction of multi-family housing (unit housing) from the head of Pyeongtaek-si and five parcels, and on October 9, 2007, the construction participants of the above building permit were changed from R to Defendant B and C. The construction participants of the above building permit were changed from R to October 9, 2007. (2) Defendant B, C, and the Plaintiff, the representative director of the corporation (the first trade name was changed to U.S., on June 18, 2009, and the trade name was changed as above; hereinafter “T”) was changed to Defendant B and C on April 20, 207, as the owner of the business site and the implementer of the business site, and C, as the contractor and the actual implementer, concluded a joint project agreement to newly construct multi-family housing on the above land on April 20, 207, including the above land, and on August 29, 2008.

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