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(영문) 서울고등법원 2016.12.21 2015누50407

압류처분무효확인

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

The reason for the partial acceptance of the judgment of the court of first instance is "1. Reasons for the disposition"

2. Determination on this safety defense:

3. Whether the seizure disposition of this case is legitimate

A. The part of the plaintiffs' assertion is identical to the corresponding part of the reasoning of the judgment of the court of first instance, except for the dismissal as follows. As such, Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act shall be cited. The part of the plaintiffs' assertion is as follows: " May 26, 1978" in the second 9 9 2 2 2 2 2 2 2 2 2 2 2 10 and 11 2 2 2 2 2 2 2 2 2 2

“The approval of the change of July 27, 1978; hereinafter referred to as “the approval of the project of this case”) shall be referred to as “the approval of the first approval and change.”

“Along with 28 units” in the first 11th letter “(4,368 units at the time of the first approval of the project, 4,424 units at the time of the change). The second 12th letter “approval for use” is read as “the first 30 August 30, 1979, and the second 26 May 1980, 1980,” respectively. The third 17th 3rd 17th / [based on the recognition] adds “B No. 7”.

Judgment

Facts of recognition

The contents of the instant project plan include the project owner G, the site area of 239,200 square meters, the site area of Gangnam-gu Seoul AI (hereinafter referred to as "AI") and 73 lots outside the AJ and 92 lots, including the Gangnam-gu Seoul AK and 17 lots.

G newly constructed the apartment of this case and approved the first use on August 30, 1979, and the second use on May 26, 1980, and completed the preservation of ownership in its own name on September 8, 1979 and June 20, 1980, after completing the preservation of ownership according to the sales contract, G issued a certificate of co-ownership of the site as well as the sales contract to the buyers around 1979-1980 and completed the registration of ownership transfer.

The term “land which is the object of the site right” in the instant apartment registry shall be read as “H-239,225.8 square meters (hereinafter “H site”); and the term “mark of site right” as “239,225.8,” and the term “mark of site right” as “the part of the proportion of site right” is also indicated as “239,225.8.”