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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion is a creditor who holds a service charge claim against C.
C Co., Ltd. was the owner of each building of this case at the construction site of the building site of the building site of the building site of D and 19 parcels, and the construction was suspended after completion of the columns, roof, walls, etc.
After that, the Defendant continued the construction by acquiring the right to authorize and permit the pertinent containers from C Co., Ltd., and the registration of ownership preservation in the name of the Defendant was completed on each of the instant buildings.
Each of the buildings of this case had already been independent buildings under social norms at the time when C ceased construction, and C had originally acquired them, registration of preservation of ownership in the name of the defendant is null and void.
Therefore, the plaintiff, as a creditor of C, seeks registration procedure for cancellation of registration of ownership preservation against the defendant by subrogation of insolvent corporation C as a creditor of C.
2. Facts of recognition;
A. C Co., Ltd., on the ground of land, such as Chocheon-si D, had undertaken a project to build a separate container including each of the instant buildings (hereinafter “instant project”).
B. The land and 15 parcels, which were owned by C, and the land and 3-story buildings on the Ethy ground (approval of August 16, 2007) owned by C, were acquired by F Co., Ltd. in the public sale procedure conducted between around 2013 and around 2014.
C. On October 2015, the Defendant entered into an agreement with C to acquire all business rights of the instant business from Company C.
The defendant around October 21, 2015, the defendant F Co., Ltd. and 15 parcels of land from F Co., Ltd.
2.(b)
E. The owner of the building was replaced by C Co., Ltd. on May 23, 2016. Thereafter, the Defendant continued the construction of each building of this case (the present approval for use).