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(영문) 창원지방법원 2018.02.06 2017구합631

건축허가처분취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 7, 1995, the Plaintiff is a co-owner who acquired the entire net H’s share out of 11,574.7 square meters (hereinafter “instant land” in total, which was divided from the above land, on February 8, 1999) of the flux 11,574.7 square meters in Changwon-si, Changwon-si, Sungwon-si, Sungwon-si, by division of inherited property through an agreement on inherited property.

B. 1) Co-owners of the instant land, including the process of constructing the instant building, etc.

3) On December 30, 1989, the Plaintiff, at the time of the establishment of the I Association, had co-owners of the instant land as the owner of the instant building granted a construction permit for the instant building; and on May 9, 191, J Co., Ltd. (hereinafter “J”) (hereinafter “J”).

) Construction of the instant building and new construction of the instant building (hereinafter “instant construction”).

2) On December 11, 1997, J concluded a contract on the instant construction, and ceased construction on October 1996 due to the default on payment. On December 11, 1997, it transferred the contractor’s contractual status under the instant contract to Songwon Construction Co., Ltd. (hereinafter “ Songwon Construction”).

3) On October 27, 1998, Songwon Construction changed the name of the owner of the instant building to Songwon Construction with the consent of co-owners of the instant land including the Plaintiff. C. Meanwhile, on April 27, 2002, Songwon Construction Co., Ltd. entered into a contract on payment in lieu of providing the instant building to Sejongwon Housing Development Co., Ltd., Ltd., as payment in lieu of providing the instant building as payment in lieu of providing it to the land owner and the buyers of the instant building.

2. On August 20, 2002, the development of Sejong Housing was decided to take a provisional measure against the prohibition of disposal of real estate with the right to claim ownership transfer registration under the above payment contract as preserved right by Changwon District Court 2002Kahap409.