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(영문) 인천지방법원 2015.09.24 2014나56010

소유권말소등기

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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff: (a) as a housing reconstruction and rearrangement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of removing 51 households in the Aud house in Gyeyang-gu Incheon Metropolitan City (hereinafter “the instant apartment house”) and promoting the housing reconstruction project of multi-family housing and auxiliary facilities (hereinafter “the instant reconstruction project”); and (b) obtained authorization to establish an association on December 29, 2009 from the head of Gyeyang-gu Incheon Metropolitan City; and (c) obtained authorization to implement the project on April 26, 2013.

On April 29, 2013, the Plaintiff made an announcement of the application for parcelling-out after setting the period for application for parcelling-out from April 29, 2013 to May 31, 2013.

B. The Defendants did not apply for parcelling-out by the expiration date of the application period for parcelling-out as co-owners of each real estate listed in the separate sheet among the instant tenement housing (hereinafter referred to as “instant 1 real estate,” “instant 2 real estate,” and “instant 3 real estate,” as co-owners of each real estate listed in the separate sheet

C. As to the instant immovable property No. 1, the registration of creation of a collateral security by the mortgagee of the right to collateral security (right to collateral security) was completed on July 28, 2010, the maximum debt amount of KRW 49,200,000, and the registration of creation of a collateral security by the mortgagee of the right to collateral security (right to collateral security). As of September 27, 2013, the actual remainder is KRW 41,194,4

With respect to the second real estate of this case, the establishment registration of the mortgage-mortgaged debt amount of 14,00,000,000 won on October 18, 2001, the establishment registration of the neighboring community credit cooperative of the mortgagee of the right to collateral security (the trade name after the modification), the maximum debt amount of 32,50,000,000 won on June 15, 201, the establishment registration of the neighboring community credit cooperative of the mortgagee of the right to collateral security, the establishment registration of the neighboring community credit cooperative of the right to collateral security, the maximum debt amount of 13,00,000,000 won on September 28, 201, and the establishment registration of the neighboring community credit cooperative of the mortgagee of the right to collateral security was completed. The total debt amount of 45,203,700 won on January 16, 2014.

On April 7, 2014, Namcheon Tax Office completed attachment registration on the ground of the total sum of the value-added tax and additional dues in arrears on the real estate No. 2 of this case 4,767,180 won.

The plaintiff's articles of incorporation.