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(영문) 서울중앙지방법원 2020.10.22 2020가합508685

구상금

Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. 1) Around 2003, the Defendant is a reconstruction improvement project association established for the reconstruction of the apartment house located on the 14 lots of land such as Seoul Special Metropolitan City, Nowon-gu, and Seoul Special Metropolitan City E in accordance with the relevant laws and regulations. 2) C Co., Ltd. (hereinafter referred to as “C”) is a joint project proprietor under the Housing Act with the Defendant and newly built apartment on the 14th lot of land, and the new construction of apartment on the 14th lot of land was made up for the proceeds of sale to

3) On March 201, C newly built an apartment with a total of 58 households (20 square meters, 20 square meters, 30 square meters, and 38 households). Among them, the 20 square meters and 20 square meters and 30 square meters and 8 households were the Defendant’s share in lots (members’ share in lots) and the remaining 30 square meters and 30 square meters were the general share in lots to be appropriated for C’s construction cost (hereinafter the above 58 households collectively), and the entire apartment of this case is the apartment of this case.

B. B. Around April 2012, the Defendant and C, a joint project proprietor, obtained the use permit prior to the authorization of completion of the entire apartment of this case from the head of Nowon-gu, the competent authority, and around that time, the Defendant delivered 25 households out of the unit sale of the Defendant to each of the members.

2) Around July 2012, F, the Defendant’s creditor, appears to have the remainder of 13 units out of 14 units of the entire apartment site of this case (part of the apartment site of this case is the Defendant’s share, Nos. 1 through 13) and 3 units out of the entire apartment of this case (the remaining 25 units of the entire apartment unit sold to the three members of the Defendant unit are excluded.

On July 24, 2012, the compulsory commencement decision (Seoul Northern District Court G) was made on each real estate listed in the separate sheet and the auction procedure was in progress (hereinafter collectively referred to as the "real estate listed in the separate sheet") against the general unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit

3) C is due to the construction of the entire apartment in this case at the above auction procedure.

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