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(영문) 인천지방법원 2014.11.14 2013가단224471

소유권말소등기

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1. Defendant B received KRW 20,000,000 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a) Appendix 1.

Reasons

1. Basic facts

A. The Plaintiff is 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”) to remove 51 households in five Audio houses in Gyeyang-gu Incheon Metropolitan City (hereinafter “the instant apartment house”) and to promote the housing reconstruction project of apartment houses and auxiliary facilities (hereinafter “instant reconstruction project”), and obtained authorization to establish an association on December 29, 2009 from the head of Gyeyang-gu Incheon Metropolitan City and obtained authorization to implement the project on April 26, 2013 from the head of Gyeyang-gu Incheon Metropolitan City.

After that, on April 29, 2013, the Plaintiff announced the application for parcelling-out to the period from April 29, 2013 to May 31, 2013.

B. However, the Defendants did not apply for parcelling-out by the expiration date of the application period for parcelling-out as the sectional 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,” “instant 3 real estate,” and “instant 3 real estate”), in turn according to the attached

C. Meanwhile, with respect to the instant immovable property No. 1, the registration of creation of a collateral for the mortgage was completed on July 28, 2010, the maximum debt amount of KRW 49,200,000, and the registration of the creation of a collateral for the mortgage by the mortgagee of the right to collateral security. The actual remainder of the collateral security as of September 27, 2013 is KRW 41,194,441.

With respect to the second real estate of this case, the registration of the creation of the right to collateral security by the mortgagee of the right to collateral security, the registration of the creation of the right to collateral security by the mortgagee of the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, and the right to collateral security to collateral security, was completed on January 16, 2014.

In addition, on April 7, 2014, the Nam Mancheon Tax Office totaling KRW 4,767,180 for the value-added tax and additional dues in arrears on the real estate No. 2 of this case.