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(영문) 서울중앙지방법원 2014.10.16 2013가단261486
건물인도 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The building of the instant housing was owned by D after July 25, 1996, while the ownership was transferred to F by auction on June 22, 1999. 2) The ownership was transferred to Guro-gu Seoul Metropolitan Government on March 11, 1994, while the ownership was transferred to D on January 26, 2006. D on January 26, 2006, with 1/15 shares in each of the instant real estate transferred to H, I, J, K, L, M, N, Plaintiff, P, Q, A, R, S, T, and C on September 4, 2009, M transferred toV on September 26, 2006, respectively.

3) Around 194, Guro-gu Seoul Metropolitan Government, X filed an application for a building permit with the Guro-gu Office to jointly construct three lots of land, such as Guro-gu Seoul Metropolitan Government, X, Y, and 84 square meters, and Z, AAAA large of 64 square meters and AB large of 16 square meters, and repaid the price. 4) D, X, the husband of D, as the contractor, filed an application for a building permit with the Guro-gu Office to jointly construct multi-households (10 households) on three lots of land, such as Guro-gu Seoul Metropolitan Government, Y, and G, and on December 2, 1996, the Guro-gu Office issued a building permit on condition that X paid in full the unpaid price of the Y site before the use of the building is approved.

5) After that, AC decided to construct a larger building, including the land upon which the Z was discharged. Accordingly, D, X, Z means the land on five lots, such as Guro-gu Seoul Metropolitan Government E, Y, AA, AB, and G (hereinafter “instant land”).

(6) A multi-household housing (hereinafter “instant housing”) with 15 households listed in the attached Table of the instant construction permit was completed on April 1997, but it was not approved for use due to the lack of the conditions for the construction permit until the date, on December 20, 1996, by changing the design to jointly construct multi-household housing (15 households), which is an aggregate building of the first and fourth floors above the ground, and making a report on the extension, etc. on December 20, 1996.

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