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(영문) 창원지방법원 2019.01.17 2018나55903
소유권말소등기
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1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. On January 1, 1991, the three lots of R apartment (current S apartment) construction project, including Gyeongnam-gun Q, was suspended from construction due to the financial difficulties while T stock company was performing construction as a project implementer. Thereafter, around October 1993, K Co., Ltd. (hereinafter “V”) was transferred the business right of the above apartment construction project.

B. However, V also failed to properly carry out the above project and neglected the construction for a long time. Around April 14, 201, the Plaintiff acquired assets and liabilities related to the said new apartment construction project from V, and completed the construction project after obtaining approval for the change of the project implementer around August 2001.

C. Each apartment of this case was completed on April 21, 2004 in the name of the plaintiff due to the commission of registration of provisional attachment or provisional disposition before obtaining approval for use.

The current status of the alteration of rights on the registry concerning each apartment of this case is as follows.

1) W and X completed the provisional registration of the right to claim the transfer of ownership (hereinafter “provisional registration No. 1”) under No. 3561 on March 7, 2006, received on March 7, 2006 from the Changwon District Court on the ground of the pre-sale agreement as of March 6, 2006 with respect to each of the 1/2 shares of the instant apartment among the instant apartment No. 1. 1.

B) W received the provisional registration of the right to claim ownership transfer of X’s above 1/2 shares on April 17, 2006, and B transferred the provisional registration of the right to claim ownership transfer from W on July 20, 2007 and completed the registration of the right to claim ownership transfer on August 2, 2007. On July 20, 2007, W Y completed the registration of the right to claim ownership transfer under the provisional registration of this case on the ground of the sale as of July 20, 2007 as of August 2, 2007, received on August 1598, 2007. C) Y completed the registration of the right to claim ownership transfer as of October 17, 2007, and C completed the registration of the right to claim ownership transfer on July 6, 2011.

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