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1. The part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff's primary claim corresponding to the revoked part is revoked.
Reasons
1. Basic facts
A. At present, the instant Ftel, etc. is owned by the Defendant (1) on August 31, 2010, in the procedure of the auction of real estate rent conducted to Daejeon District Court on August 31, 2010 (hereinafter “instant land”).
A) On September 1, 2010, the instant land was purchased and completed the procedure for the registration of ownership transfer on September 1, 2010. 2) At the time of the auction procedure for the instant land, the Ftel building on the 8th floor above the ground surface (hereinafter “instant Ftel”) was being constructed, and the owner thereof was C Co., Ltd. (former trade name is “T Co., Ltd.”; hereinafter “C”).
3) Of the instant Ftels, the 7th and 8th floors (hereinafter “instant Nos. 7 and 8”).
The registration of provisional seizure was completed on February 15, 2013 by the commission of the registration of provisional seizure (the Daejeon District Court 2012Kahap162, creditors O Co., Ltd., etc., the claimed amount of KRW 280,765,370, etc.) to execute the provisional seizure order with respect to C and D on October 1, 2013; D on October 1, 2013, the registration of provisional seizure was completed on October 23, 2015, and ownership transfer was completed in the name of each defendant with respect to 1/2 shares in C’s name on October 23, 2015 (hereinafter “instant 2 through 6”) and from among Ftels of this case (hereinafter “the instant building”). The registration of provisional seizure was entrusted in the name of the creditor Co.,, Ltd. and the creditor Co.,13, 2013; hereinafter “the instant building”).
B. The reasons why the Plaintiff participated in the Ftel (the process of the change of the owner and the agreement between the Plaintiff, U, and C) were the owner of the instant Ftel and the owner of the instant land. U and W et al. purchased the instant land from V around October 2007 and completed the registration of ownership transfer, and changed the name of the owner of the instant Ftel to U around December 2007.