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(영문) 울산지방법원 2013.12.12 2012구합2294 (1)
사업주체변경처분취소 등
Text

1. Of the instant lawsuit, the Defendant filed against the Intervenor with respect to the housing construction project indicated in the separate sheet on August 3, 2012.

Reasons

. Details of the disposition; and

A. A. On September 30, 1995, B Co., Ltd. (hereinafter “C”) obtained approval from the Defendant for a housing construction project plan that carries out a housing construction project (hereinafter “instant project”) in the attached Form No. D and four lots (E, F, G, H, and hereinafter “instant project site”) from Ulsan-gun, Ulsan-gun, and Ulsan-gun, Ulsan-gun, and the Defendant started construction around March 1996.

B. On July 24, 1996, Korea Housing and Commercial Bank Co., Ltd. (the Korea Housing and Commercial Bank was merged with the Korean National Bank Co., Ltd. on November 1, 2001; hereinafter “Korea Housing and Commercial Bank”) loaned KRW 24 billion of rental housing construction funds to C, set up a collateral security right on the instant project site, and agreed to set up a collateral security right on the apartment that will be completed in the future.

* Business Name: The project name of this case* The defendant does not assert any rights or events since he/she transferred or acquired the instant apartment construction to the plaintiff under the present condition of the new construction of the apartment.

*Article 2: The change of the owner of an authorized or permitted building that the defendant is the owner is responsible for the defendant and the change of the owner to the plaintiff.

*Article 3: The defendant must transfer the ownership of the land and all the ownership necessary for the project to the plaintiff within seven days from the date of the contract for transfer or acquisition.

*Article 4: The plaintiff acquires the business right and completes the remaining construction in the state of suspension of construction by the defendant.

C. Around September 18, 1998, C ceased construction in the state of an apartment building constructed at a rate of 60% (hereinafter “instant apartment building”). On November 2, 2000, C entered into a transfer contract with the Plaintiff, a creditor of C, with the following contents (hereinafter “instant transfer contract”).

On March 26, 2003, the Plaintiff rendered a provisional disposition with the Gwangju District Court 2003Kahap69, claiming the ownership transfer registration of the apartment of this case as the preserved right.

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