주택건설사업계획변경승인처분취소등
1. All of the plaintiff's claims are dismissed.
2. The costs of the lawsuit include the part resulting from the supplementary participation.
1. Details of the disposition;
A. Nonparty Domin Construction Co., Ltd. obtained approval from the Defendant for a housing construction project plan (hereinafter “instant project plan”) that constructs apartment units on the ground of the instant site (hereinafter “instant site”) on the 151-23m2,169m2 and eight lots of land (hereinafter “the instant site”).
B. On December 11, 2007, the Plaintiff purchased the instant site from the above non-party company and completed the registration of ownership transfer based on sale in the future of the Plaintiff on December 28, 2007.
After that, the Plaintiff received the approval from the Defendant by filing an application for change of the housing construction project plan with the content that the proprietor of the instant project changes from the company to the Plaintiff.
C. In around 2008, the Plaintiff entered into a real estate security trust agreement with the third priority beneficiary (the amount of the certificate of beneficial interest was KRW 2.4 billion) in order to secure the repayment of the loan, and completed the registration of ownership transfer on June 12, 2008 with respect to the instant land by the case trust.
In addition, on July 23, 2008, the Plaintiff entered into an agreement with Sejong Mutual Savings Bank to the effect that “In the event that the grounds set forth in the Loan Agreement and the Basic Credit Transaction Terms and Conditions have occurred with respect to the Plaintiff, the Plaintiff waives all rights to the buildings constructed in accordance with the fairness of the instant project with respect to the instant project.”
As a result of the conclusion of this agreement, the Plaintiff may supplement the written consent to change the name of the project owner (owner) and the written waiver of the enforcement right to the said documents to the vacant or blank.