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(영문) 서울중앙지방법원 2015.04.30 2013가합552714

토지사용료 청구의 소

Text

1. The Defendant (Counterclaim Plaintiff) and the Defendants attached to the Plaintiff (Counterclaim Defendant)

1. Each money in the column for the award of the list; and

Reasons

1. Facts of recognition;

A. Ground for the registration of transfer of ownership in the name of the plaintiff 1) AO (hereinafter "AO")

on July 26, 1995 from the Korea Land Corporation

2. On December 24, 1996, the land entered in the list (hereinafter “instant land”) purchased as a copy of a special agreement for repurchase and completed the registration of ownership transfer on a repurchase basis.

2) After that, as AO failed to pay local taxes, such as acquisition tax, the Gu Office was delegated to the Korea Asset Management Corporation to dispose of the instant land by public auction. Defendant G, H, M, AP, and Q (hereinafter “G, etc.”)

(3) On March 22, 2001, G et al. completed the registration of ownership transfer based on sale to the Plaintiff on March 22, 201, after receiving a successful bid for the instant land in the said public sale procedure, and completing the registration of ownership transfer based on sale to the Plaintiff on March 22, 2011. (3) At the time when G et al. was awarded a successful bid for the instant land, the attached Form for the purpose of neighborhood living facilities and business

4. The building indicated in the list (hereinafter “instant building”) was constructed.

B. 1) On July 19, 196, for the construction of the instant building, AO contracted the construction of the instant building to AR with a building permit granted from the Ansan market. However, AR settled the costs at the stage of geological survey and other preparation, and rescinded the said contract on December 18, 1996. 2) Thereafter, AS Co., Ltd (hereinafter “AS”) contracted the construction of the instant building from AO for KRW 13,201,59,00 for the cost of the new construction of the instant building, and the construction was suspended due to AS’s circumstances while the construction of the instant building was being carried out by AS., and the construction was completed with concrete frame of the first floor around March 1998.

3) AO changed its trade name to AU corporation around March 199, 199, where it is difficult for AO to resume the construction of the instant building.

hereinafter referred to as “AU”

(4) AU has transferred the building of this case with the price of KRW 2.3 billion and transferred the name of the owner. 4) AU shall have the name of the owner.