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(영문) 인천지방법원부천지원 2014.06.13 2014가합2036
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 12, 2001, the Defendant: (a) granted a new construction of multi-household housing (11 households) with respect to B on June 12, 2001, Kimpo-si, Kimpo-si, Kimpo-si; (b) added D-road 687 square meters adjacent to the said land (the land was owned by B as at the time, and the land category at the time was “the answer”; hereinafter “instant land”) to the Defendant free of charge prior to the approval for use of multi-household housing.

B. On April 9, 2007, E, F, etc., E, the Era Construction Company (hereinafter “Era Construction”) succeeded to the ownership of the instant land, regardless of whether before or after the alteration of the trade name, E, etc., and Era Construction succeeded to the ownership of the instant land on the same day. As regards the instant land, Era Construction succeeded to the instant land: ① (a) the mortgagee, G-mortgage, the maximum debt amount, ② the mortgagee H, the maximum debt amount, KRW 1.35 million, the maximum debt amount, ③ the mortgagee I, the mortgagee, ④ the maximum debt amount of KRW 1.5 million, ④ the mortgagee, the J-mortgage, the maximum debt amount of KRW 7,50 million, the maximum debt amount of KRW 180,000,000,000,000, K-mortgage, the maximum debt amount of KRW 60,000,000,000,0000, around that day.

C. On June 23, 2010, the Defendant changed the land category of the instant land from “her answer” to “road,” and the same year.

7.2. Of the above multi-households, approval for use was granted to 4 Dongs.

On the other hand, on June 15, 2010, upon the application of MM that succeeded to part of each of the collective security rights established as above, the voluntary auction procedure for the instant land was initiated as N in this Court N, and the Plaintiff was determined as the highest price purchaser at the above auction procedure, and was fully paid KRW 31,300,000 from the sale price around July 18, 201.

(The registration of transfer of ownership was completed on April 10, 2013). [The ground for recognition] . [The fact that there is no dispute as to Gap, Gap, 2, 3, 4, 10, 11, Eul, 1, 3, 4, 5, 12, and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. The defendant alleged by the plaintiff.

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