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(영문) 대전지방법원 2016.08.25 2014가단227260
분양전환청구권존재확인 등
Text

1. The Defendant’s Intervenor’s motion to intervene in the instant case is dismissed.

2. The plaintiff's primary and conjunctive claims.

Reasons

1. The following facts do not conflict between the Parties:

The factory site of 1440 m2, 1640 m2, 1640 m2 (hereinafter referred to as the “instant factory site”) is located within the national rental complex among the leisure national industrial complexes developed by the Industrial Cluster Revitalization and Factory Establishment Act.

The above factory site is owned by the defendant, and the occupancy right holder for the industrial complex including the above factory site is the Korea Industrial Complex Corporation.

B. The instant factory site has a block 397.8 square meters of a general steel structure board board, a single-story roof, a general steel structure board, a 151.64 square meters of a single-story factory, and a general steel structure sand position plate, a general factory of 397.8 square meters of a 397.8 square meters of a general factory (including 1.48 square meters of a factory in the attached building) in the instant factory site.

C. On July 1, 2009, the Intervenor’s Intervenor Co., Ltd. (hereinafter “Kenya”) entered into an occupancy agreement with the Korea Industrial Complex Corporation regarding the instant factory site.

Since then, on May 28, 2009, Kex completed the registration of ownership transfer for the above subparagraph (c) on the grounds of sale on the same day, and completed the registration of ownership transfer for the above subparagraph (a) and subparagraph (b) on July 6, 2009.

On July 13, 2009, after acquiring the ownership of the above A, B, C, and C, the above C, and on July 13, 2009, the Defendant and the instant factory site were leased, but the period may be extended by up to five years, and after the expiration of the lease period or the first lease date, the above C, after five years from the first lease date, entered into a lease agreement including the content that the Defendant and the instant factory site shall have the right to

The plaintiff was awarded a successful bid on May 12, 201 in the voluntary auction procedure conducted based on the right to collateral security established on November 1, 2006 and February 29, 2008 with respect to the above Nos. A and B as to the same subparagraph.

2. Plaintiff’s assertion and judgment thereon

A. The plaintiff's assertion is the ownership of the above A, B, and Dong.

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