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(영문) 부산지방법원 2014.07.15 2013가단98181
소유권이전등기말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. Alternative Development Co., Ltd. (hereinafter “Alternative Development”) completed the registration of ownership transfer based on sale on May 4, 2002 with respect to the real estate indicated in paragraph (1) indicating attached real estate (hereinafter “instant land No. 1”) on May 4, 2004, and completed the registration of ownership transfer based on sale on April 26, 2004 as to the real estate listed in paragraph (2) indicating attached real estate (hereinafter “instant land No. 2”).

B. Alternative Development obtained on December 4, 2003 the approval of the project plan to build 4 and 56 units of housing on the ground, such as the instant land Nos. 1 and 2 from the Busan Summer-gu Office. Around June 5, 2006, the approval of the alteration of the project plan to build 5 and 64 units of housing on the instant land and adjacent land was obtained. Around September 5, 2006, the construction of 6 units of housing was commenced on the construction of 6 units of building (hereinafter “instant building”). Around September 30, 2007, around 98, 98.6% of the construction was suspended due to the lack of funds.

C. On August 8, 2005, the National Agricultural Cooperative Federation completed the registration of creation of a neighboring mortgage (3 billion won of the maximum amount of claims, Cheongjin Construction Co., Ltd.) and the registration of creation of superficies (the ownership and scope of buildings, other structures, or trees: the whole ownership and duration of the land: 30 years from August 8, 2005) with respect to the land of this case, and completed the registration of creation of superficies (the whole ownership and duration of the buildings, other structures, or trees: 30 years from August 8, 2005) on the land of this case on December 26, 2007. As to the land of this case No. 2, the National Agricultural Cooperative Federation completed the registration of creation of a neighboring mortgage in the name of the National Agricultural Cooperative Federation, each maximum debt amount

As substitute development failed to pay property tax, the Busan Seo-gu Office seized the instant land No. 1 and 2 on November 14, 2007. The Korea Asset Management Corporation on December 2009 at the request of the Busan Seo-gu Office (hereinafter referred to as the “instant public sale”). The public sale procedure for the instant land was conducted by proxy at the request of the Busan Seo-gu Office (hereinafter referred to as the “instant public sale”).

마. 피고 주식회사 굿윌자산관리 이하 ‘피고 회사’라...

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