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(영문) 서울중앙지방법원 2015.11.20 2015가단96341
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) The name “E”, which is an area where the Plaintiff purchased real estate listed in the attached list (hereinafter “instant unauthorized building”) from C, is the place where the residents occupied the private land of others without permission and build an unauthorized building.

(2) Around August 12, 2003, the Plaintiff received a written waiver from C to the effect that he renounces his share in the ownership of the instant unauthorized building owned by C through F, and paid KRW 33 million to C as the purchase price.

(hereinafter “instant sales contract”). At the time, the Plaintiff permitted C to reside in the instant unauthorized building before E is developed.

(3) Meanwhile, the Gangnam-gu Office having jurisdiction over the E Group does not allow the unauthorized residents to file a resident registration report for each household between May 2, 201 and June 2, 201, and allowed E residents to file a move-in report temporarily. C did not notify the Plaintiff of this fact and completed a move-in report on May 11, 201 by having the Defendant, one of his children, as the head of the household in Gangnam-gu Seoul, where the instant unauthorized building is located.

(4) Since August 2, 2012, Seoul Special Metropolitan City announced the E Group as “E urban development zone” and decided the development method by mixing the public development and private development.

The criteria for compensation for the owners and residents of unauthorized Building E had not been determined at the time, but if they were to be developed by public development method, they are not allowed to occupy the leased apartment but allowed to move into the leased apartment. On May 201, the decision of whether to move into the leased apartment against a person who failed to report his/her resident registration at the time of the moving-in report of resident registration conducted around 201 is clear as a compensation plan that is later determined from E E, the executor.

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