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(영문) 부산지방법원동부지원 2017.06.15 2017가합101699

건물

Text

1. As to the Plaintiff, Defendant C’s share of 1/6 square meters (Defendant C’s share of 1/2 1/3) among the 2,418 square meters in Busan Shipping Daegu D.

Reasons

Basic Facts

The Plaintiff, Defendant C, Nonparty E, and F (hereinafter referred to as “joint buyers”) purchased the instant land located in a development-restricted zone by bearing the price at an equal rate on June 21, 1999, and purchasing it: Provided, That the registration was made in the name of F alone.

The Republic of Korea and Busan Metropolitan City made a seizure and public sale of the instant land as a tax claim against F.

With respect to the land of this case through the above public sale procedure, the registration of transfer of ownership in the name of the Defendants was completed on December 22, 2003 under the name of the Busan District Court Branch No. 123095, Dec. 22, 2003, respectively.

On the other hand, the plaintiff, defendant C and E (other than F among co-owners) paid 11.5 million won each to F in return for the bid bond to participate in the public auction, and both the remainder of the bid price and the cost were borne by F.

After the registration of the above public auction, E received the total of KRW 150 million from three co-owners each of the remaining co-owners, and agreed to escape from the status of the joint purchaser. According to the above agreement, the Plaintiff, Defendant C, and F paid KRW 50 million each to E.

On the other hand, Busan Metropolitan City was incorporated into the instant land for the implementation of the Act on the Construction of Public Truck Terminals (IIj), and notified the Defendants, the nominal owner of each of the instant land, of the 1/2 shares of each of the instant land on August 30, 2016.

After the appraisal, the appraisal value of the instant land was calculated as KRW 1,484,652,00, but the compensation consultation was reserved until the budget was subsequently secured due to the shortage in the budget.

【In the absence of dispute, Gap 1, 2, 4, Eul 1's evidence, Eul 1's fact-finding, the fact-finding inquiry inquiry about Busan Metropolitan City Construction Headquarters of this Court, the plaintiff's assertion about the ground for claim as a whole of the pleadings.