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(영문) 의정부지방법원 2014.07.22 2014가단6084
지분 소유권이전등기
Text

1. The Defendant shall list the Plaintiff on November 20, 2008, as to the portion of 70.7538/8 of 834 square meters in Namyang-si, Namyang-si.

Reasons

1. Facts of recognition;

A. The non-party D Co., Ltd. (hereinafter “non-party D”) was a corporation mainly engaged in housing construction, such as apartment buildings, and established a defendant company for the construction of two apartment buildings constructed on the ground of Namyang-si, E, F, and C (hereinafter “instant land”) and transferred all rights and obligations related to the construction of the said apartment.

B. On March 15, 2002, the Plaintiff lent money between KRW 450 million and KRW 500 million to the non-party company. At the time, the non-party company agreed to give one of the above apartment bonds to the Plaintiff if the Plaintiff did not pay the above money by the due date.

C. Since the Plaintiff could not determine the specific number of houses and the size of the apartment constructed, the Plaintiff received delegations necessary for the registration of transfer of ownership, certificates of personal seal impression, sales reservation contracts necessary for the provisional registration of the right to claim transfer of ownership, certificates of personal seal impression, etc., and the Nonparty Company stated the Plaintiff in addition to the said building permit holder

After that, the non-party G received the order of provisional seizure from the Jung-gu District Court 2003Kahap731 as to the defendant company, and on September 29, 2003, the non-party G made the registration of preservation of ownership due to the entrustment of provisional seizure to the whole building of the apartment including the pre-owned portion to be acquired by the plaintiff. Accordingly, the registration of right to site of the above apartment was not made but the registration of preservation of only the part of the building was made.

(The above apartment is on the land of this case).

On October 20, 2003, the Defendant Company: (a) prepared a pre-sale contract with the Plaintiff specifying the number of housing units to be sold in kind as real estate indicated in the attached list (hereinafter “the pre-sale part of this case”); and (b) accordingly, the Plaintiff completed the provisional registration procedure as the receipt No. 103150 on October 21, 2003 with respect to the pre-sale part of this case’s District Court.

F. The plaintiff thereafter.

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