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(영문) 수원지방법원안양지원 2019.08.16 2018가합102855
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The plaintiff between the parties 1) On December 19, 2006, the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9444, Feb. 6, 2009; hereinafter "former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents").

2) According to Article 8(4)7 of the Act, the redevelopment and improvement project for housing redevelopment (hereinafter “instant redevelopment project”) consisting of the KRW 4 of the land in Ansan-gu D as an improvement zone in accordance with Article 8(4)7.

(2) The Defendant B was the person who was the owner of the F Aggregate Building G (hereinafter referred to as the “instant previous real estate”) located in the instant redevelopment project zone in Gyeyang-gu, Mayang-gu.

B. (1) On December 31, 2008, the Plaintiff obtained authorization for the implementation of the instant redevelopment project from the Gyeyang-si market to the public announcement of Ansan-si. (2) On November 25, 201, the Plaintiff received the authorization for the implementation of the instant redevelopment project from the Gyeyang-si market, the authorization for the management and disposal plan of the instant redevelopment project on November 25, 201, and the authorization for the alteration of the management and disposal plan on October 18, 201, respectively.

3) As a result of the progress of the instant redevelopment project on June 23, 2014, an aggregate building containing the instant previous real estate was removed on June 23, 2014, the right to the site of the instant previous real estate is the land F (hereinafter “instant site”).

As to the shares of co-ownership. The registration of destruction or loss was completed on July 2, 2014 with respect to the previous real estate of this case, and on the same day, the shares owned by Defendant B 3.95/1018.5 (hereinafter “instant shares”) among the instant land.

2) On February 28, 2012, K Co., Ltd. (hereinafter “K”) was killed of the establishment registration, seizure registration, etc. of the neighboring real estate established on the instant previous real estate.

(4) The construction project for the instant redevelopment project was completed around October 28, 2016, when the establishment registration of a neighboring mortgage of KRW 92,400,000 was transferred to the registry of the instant site.

C. The auction procedure with respect to the share of the site of this case is in progress.

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