Sino Construction Co., Ltd.

U.S. District Court Goyang Branching Agency

The petitioner's objection of this case is dismissed.

On June 10, 2005, the decision to the effect that the registration of preservation of ownership and the registration of the decision of compulsory commencement of sale of non-registration based on the authority of unregistered buildings based on the decision of compulsory commencement of sale of real estate on June 10, 2005 should be revoked on the 17th day of the same month, and the above registrar shall be revoked, and the above registrar shall make a decision to the effect that the registration of the registration of compulsory commencement of sale

1. Facts of recognition;

The record reveals the following facts.

A. In the purchase price case of the Seoul Central District Court 2003Gahap76839, which filed an applicant with the Defendant, a voluntary conciliation was concluded with the effect that the applicant shall pay to the applicant 470 million won and 20% interest per annum from July 30, 2004 to the full payment day.

B. According to the above conciliation, the applicant filed an application for a compulsory auction of real estate in accordance with Article 81 of the Civil Execution Act (No. 56847) with respect to the attached real estate (the instant building), which is an unregistered building not owned by the applicant for the above conciliation, as the applicant filed an application for a compulsory auction of real estate, and accordingly, the applicant filed an application for the entrustment of the preservation of ownership (the receipt number No. 56847) pursuant to Article 81 of the Civil Execution Act. On June 10, 2005, the court rendered a decision to commence compulsory auction of real estate, and entrusted the registration of the preservation of ownership and compulsory auction with the registration

C. However, the registrar rejected the instant building on the ground of Article 55 Subparag. 2 of the Registration of Real Estate Act, on the ground that the instant building was currently being constructed and completed, and the applicant raised an objection against the decision to dismiss the building.

2. The assertion and judgment

A. Applicant's assertion

The applicant did not have any provision that only the buildings completed under the Civil Execution Act shall be subject to auction, and the execution court ordered the execution officer to investigate the current status, etc. of the building of this case, and ordered the execution officer to make a decision of compulsory commencement of auction and to request the registration of the preservation of ownership and compulsory commencement of auction. The applicant asserts that the disposition of the court, such as the dismissal of the registration of compulsory commencement of auction and the registration of compulsory commencement of auction, is unlawful, since the external construction of the building of this case is already completed and only the internal construction remains, and it is economically reasonable to sell the building site of this case under progress with the building site of this case.

B. Determination

The proviso of Article 81 subparagraph 2 of the Civil Execution Act provides that in the case of unregistered buildings, a person may apply for compulsory auction with documents proving that such buildings are owned by an obligor, documents proving the lot number, structure, and size of such buildings, and documents proving a building permit or building report on such buildings, as attached documents. In such cases, unregistered buildings shall be excluded from those subject to compulsory auction even if only the completed buildings among those which have not been approved after the completion of the building permit or building report, are the extent that they can be seen as independent buildings for domestic affairs.

The outer construction of the building in this case is most completed, but the underground floor, the ground and the second floor are not yet divided into partitions, and it is an unregistered building such as elevator and electric installations, and the floor, the wall, and the window construction work is an unregistered building not yet completed. Thus, even though the building has a shape as an independent building, it cannot be deemed that the building has been completed even though it has a shape as an independent building, it cannot be said that it has been completed yet. Thus, the disposition of the agency, such as the rejection of the entrustment of registration of preservation of ownership and compulsory registration of auction, is legitimate, since the case under Article 5 subparagraph 2 of the Registration of Real Estate Act is not registered.

3. Conclusion

Therefore, the applicant's objection is not justified, so the objection is dismissed, and it is so decided as per Disposition.

[Attachment List omitted]

Judges Kim Jong-ok