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(영문) 서울행정법원 2015.06.19 2014구합61026
압류처분무효확인
Text

1. Each attachment disposition on the attached list with respect to 2,190.6 square meters in Gangnam-gu, Seoul, is null and void.

Reasons

1. Details of the disposition;

A. On May 26, 1978, G, who operated F, constructed an I apartment complex consisting of 28 apartments, commercial buildings, and convenience facilities (hereinafter “instant apartment complex”) with the approval of the project plan for the private housing construction of Gangnam-gu Seoul Special Metropolitan City from the head of Gangnam-gu Seoul Special Metropolitan City on May 26, 1978 (hereinafter “instant project plan”). The apartment complex was sold in general with the approval of the use in 1979.

As part of the sectional owners of the apartment of this case, the Plaintiffs and the Intervenor joining the Plaintiff (hereinafter referred to as the “ Intervenor”) are the owners of the instant apartment Nos. 20-503, Plaintiff B, Plaintiff No. 8-503, Plaintiff C, Plaintiff No. 5-112, and the Intervenor No. 7-902.

(hereinafter referred to as “Plaintiffs” by combining both the plaintiffs and the intervenors for convenience.

On February 14, 1975, the Seoul Special Metropolitan City implemented the land readjustment project (hereinafter referred to as the "land readjustment project") which was approved by the J on February 14, 1975, and publicly announced the land substitution disposition by L on September 20, 1982. According to the land substitution confirmation protocol, the land in Gangnam-gu Seoul Special Metropolitan City M, N,O, P, Q, R, S, T, U, V, W, and X (hereinafter referred to as the "previous land") was replaced by the land of 2,190.6 square meters in Gangnam-gu Seoul Special Metropolitan City E-gu (hereinafter referred to as the "instant land").

(hereinafter “instant land substitution”). C.

On the other hand, the Defendant seized the previous lands owned by G as shown in the separate sheet Nos. 1 through 9 as a tax claim holder of G, and finds that the said lands were unregistered due to the lack of a substitute registration for the instant land, and applied for registration of substitute land to Seoul Special Metropolitan City, which is the implementer of the land readjustment project of this case.

Accordingly, on February 3, 2014, when the Seoul Special Metropolitan City entrusts the registry office with the registration of replotting, the registration of replotting for the land in this case has been completed, the seizure disposition of each land in the attached list 1 to 9 of the previous land.

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