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(영문) 전주지방법원 2018.06.20 2016가단1665
가등기말소
Text

1. The plaintiff's conjunctive claim among the lawsuit of this case is dismissed.

2. The plaintiff's primary features against the defendants.

Reasons

1. Facts of recognition;

A. Defendant B entered into a sales contract with a limited liability company (hereinafter “credit construction”) that newly constructs and sells 2 E Apartment 98 households (hereinafter “the apartment of this case”) on the land outside 4,600,000 on January 5, 1990, and with the real estate listed in the separate sheet No. 2 (hereinafter “instant real estate”) listed in the separate sheet No. 36,40,000 on May 28, 1990, with the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate No. 1”) listed in the separate sheet No. 34,600,000 on May 28, 1990. Nonparty F concluded a sales contract between the credit construction company and the real estate No. 36,100,000 won.

B. However, among the Does that newly built the instant apartment, the construction was interrupted due to the bankruptcy around November 1990, and the construction of the said apartment was suspended. Since then, the current situation where the instant apartment site construction was transferred to G and any third party, such as G, was placed in the site-building auction procedure, and the occupant of the instant apartment was seriously restricted in the exercise of property rights through the approval for the use of the apartment and the transfer of registration.

C. Accordingly, on May 4, 201, the council of occupants’ representatives of E-Housing (hereinafter “council of occupants’ representatives”) decided to purchase the instant apartment site under auction, to complete additional construction works, and to transfer the names of the occupants to the future through the preservation registration under the name of credit construction, and to appropriate funds necessary therefor as additional contributions by the occupants.

According to the above resolution, most occupants paid additional contributions, and the process for purchasing the instant apartment site was completed, and the additional construction was completed, etc. for the instant apartment site. On December 24, 2012, the former District Court’s receipt of indictment from the former District Court No. 59768, Jun. 8, 201.

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