beta
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. The reasoning for the court’s explanation as to this case is as follows: (a) the summary of the defense of the Defendants was added between the 7th and 5th of the first instance judgment; (b) the 4th of the 18th of the 18th of the 2009; (c) the part of the 5th of the 5th of the 5th of the 5th of the 5th of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 2nd of the 1st of the 1st of the 1st of the 2nd of the 1st of the 2nd of the 2nd of the 7th of the 2nd
2. The addition;
B. A person who constructed a building with his own effort and materials generally as to the acquisition of the ownership of the above aggregate building by the Nonparty shall acquire the ownership of the building in original terms. However, even if the contractor completes the building with his own effort and materials, if it appears that the contractor and the contractor agreed to vest the ownership of the completed building in the subcontractor by obtaining a construction permit under the name of the contractor and obtaining a registration of preservation of ownership, the ownership of the building shall be reverted to the contractor in original terms.
On the other hand, if a debtor under his/her own name and effort to secure a debt under the name of a creditor, it is an agreement to provide a building to be completed as a security, and it does not correspond to the establishment of a security right by a juristic act. Thus, the ownership of the completed building is transferred to the creditor within the scope of the purpose of security by completing registration of preservation of ownership in the name of the creditor after the debtor acquired it from the constructed debtor, and completing registration of preservation of ownership in the name of the creditor (see Supreme Court Decision 97Da8601, May 30, 197). In light of the above legal principles, the above condominium is separate from whether the above condominium is independent in its structural use as a sectionally owned building at a specific time, and the evidence and the purport of the whole