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(영문) 서울고등법원 2015.11.19 2013나62898
소유권말소등기
Text

1. The remainder except paragraphs 2 and 3 of the judgment of the court of first instance, including a claim modified in the trial.

Reasons

1. Basic facts

A. On December 10, 1984, Defendant AD purchased from the Korea Land and Housing Corporation the Seocheon-gu EO large 6,782.6 square meters, and on August 3, 1985, Defendant AD started new construction work of 7 PP lending on the above land with the third floor size on the ground of the 1st floor above the ground (excluding the shopping Dong) 96 households (hereinafter “instant lending”).

B. When Defendant AD ceased the construction of the instant loan due to the failure to repay debts to the construction business operator, etc., the creditors of the construction cost who purchased the relevant partitioned building of the instant loan and the creditors of the construction cost who agreed to receive the ownership of the relevant partitioned building of the instant loan, in lieu of the payment of the construction cost, completed the new construction of the instant loan by dividing the sale price in lots or by continuing the construction directly.

C. Whether the loan of this case was unregistered for a considerable period of time, due to the commission of the registration of provisional disposition on March 7, 2011 or on the 16th of the same month, each registration of preservation of ownership was completed in Defendant AD in the vice branch of the Incheon District Court. As to some of the households (a household indicated as “provisional registration” in the list of attached buildings) among them, the provisional registration of each transfer of ownership claim was completed on March 11, 201 as the receipt of No. 28765 on March 23, 2011 by the vice branch of the Incheon District Court in the Defendant AE Incheon Incheon District Court (a household indicated as “provisional registration” in the list of attached buildings).

After the filing of the instant lawsuit on April 16, 2012, L was killed on and after April 16, 2012, and Plaintiff K (Plaintiff 14. A.), GH, GI, GJ, and GK provided the acceptance of the lawsuit in the court room. The inheritance portion of Plaintiff BX died on May 7, 2015, and the co-inheritors died on and after Plaintiff BX died on May 7, 2015, are GL, GM, GN, and their respective shares of inheritance are 2/9 of GL, GM, and GN, and 3/9 of GN.

[Ground of recognition] The plaintiffs and defendant AD: without dispute, Gap evidence 3-1 to 71, Gap evidence 22-1 to 3, Gap evidence 30-1, 2-1 to 30, Eul evidence 1 to 3, the purport of the whole pleadings, the plaintiffs, defendantCC, BD, and DH: 1 to 3-1.

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