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부산지방법원 2017.02.15 2015가합2778
건물등철거등
Text

1. The plaintiff's claims against the defendants and the defendant (appointed parties) are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of real estate rental business, etc. (1) The Plaintiff is a company established for the purpose of real estate rental business, etc. (2) The Appointed L District Housing Association (hereinafter “Defendant Association”) is a regional housing association established for the purpose of constructing an apartment association of 85 households (30 households for the sale in lots; hereinafter “the apartment of this case”) on the ground of the 2912 square meters of land in Busan Seo-gu, Busan (hereinafter “instant land”). The Defendants and the remaining designated parties are all the members of the Defendant Association, the Defendant Association and the members of the Defendant Association and the members of the Defendant Association.

B. 1) The progress of the instant building project is 1) The Defendant Union received the pertinent co-ownership shares from the members, who are co-ownership owners of the existing buildings on the ground of the instant land, and completed the registration of ownership transfer for 30/36 shares out of the instant land due to trust in the future of the Defendant Union on November 8, 2002, and completed the registration of ownership transfer for all remaining shares of the instant land around May 12, 2003. (2) The Defendant Union obtained the approval of the housing construction plan for the instant apartment from the head of Busan District District Office on June 7, 2003 to the Samdong General Construction Co., Ltd. and joint business owners, and the said construction began from August 203 to the construction of the instant apartment from February 2004, but the said construction was suspended on or around February 2004.

3) Accordingly, on May 21, 2004, the Defendant Cooperative again started construction with the Jindo General Construction Co., Ltd. and joint business operators with the approval of the change of the housing construction project plan from the head of Busan District Office on the completion date of December 30, 2007. However, the construction was suspended on or around December 14, 2007 without the completion date. (c) As to the instant apartment, on July 14, 2010, the registration of the preservation of ownership in the name of the Defendant Cooperative was completed, and the instant land was the land.

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