(영문) 서울중앙지방법원 2012.02.17 2010가합130656

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(영문) 서울중앙지방법원 2012.02.17 2010가합130656

지료청구 등

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1. The Plaintiff’s claim against the Defendant (Appointed Party) A, the designated parties, and the Defendant B is dismissed in entirety.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Defendants and D shared 94.48 shares of each of the instant land in 566.9, and divided ownership of one household of an aggregate building consisting of 6 units of the third floor on the instant land.

B. The Defendants and D, together with F as the representative director of E, removed the above aggregate building, and newly built the aggregate building composed of 1st, 6, and 10 households underground (1st, 1st, 2, and 5th, 2nd, 6th, and 1st, 4 households among them enter into a joint agreement with the Defendants and D to sell it to the general public. On February 14, 2002, the Defendants and D began removal and new construction on April 11, 2002, and the existing aggregate building was destroyed and lost on October 11, 202, and the new construction was interrupted at the stage of completion of the 5th, 5th, 200 structural frame and concrete construction of outer walls around November 30, 203.

(hereinafter referred to as the “instant building”) a building in the state of suspension of the construction.

Since then, the calculated comprehensive construction company (hereinafter "construction") that had been performing the new construction of the building of this case filed an application for compulsory auction against each co-ownership share of the land of this case with the defendant (appointed party) A and the appointed party under the title of the mediation protocol (Seoul High Court 2007Na121369) entered into on July 10, 208 between the defendant (appointed party) and the appointed party A, and the appointed party. On November 6, 2008, the Seoul Central District Court He received the decision to commence compulsory auction (hereinafter "the procedure for compulsory auction of this case") on November 6, 2008 (hereinafter "the procedure for compulsory auction of this case"), and the plaintiff was awarded a successful bid in the procedure for compulsory auction of this case and registered the transfer of co-ownership share under the name of the plaintiff on May 24, 2010 as to the compulsory auction of this case (hereinafter "the procedure for compulsory auction of this case").

On the other hand, 201 No. 201 of the instant building on September 2, 2003

유사 판례

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