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(영문) 서울중앙지방법원 2014.09.03 2014가합25981
부당이득금반환등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Chang City Development Co., Ltd. (hereinafter referred to as the “Yongsan City Development”) from around 2006 to the implementation company that had been carrying out the construction project of the Ulsancheon-gun apartment complex construction project (hereinafter referred to as the “new construction project in this case”) on the land of Ulsan-gun, Ulsan-gun, Ulsan-gun and 234 lots (hereinafter referred to as “the project site in this case”), which is owned by it, on the ground of the project site in this case. The Seojin-gu Co., Ltd. (hereinafter referred to as the “Yeo-jin”) is the construction project of the new apartment construction in this case.

B. The Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) concluded a transfer for security agreement on 163 lots of land, part of the instant project site, between the development of Chang Chang Urban Development, and completed the registration of the trust in the future of the house guarantee for the said 163 lots of land.

Chang City Development completed trust registration in the future of the KB real estate trust company with respect to 69 parcels of the rest of the project site, and was proceeding with the new construction project in this case.

C. On October 1, 2009, the construction was suspended due to a default on October 1, 2009, and the Korea Housing Guarantee was returned to the buyer on November 19, 2009.

On February 24, 2010, the Korea Housing Guarantee was decided to make a provisional disposition against disposal of the above apartment on the present Jinjin-gu apartment building by the Ulsan District Court 2009Kahap1203, on the ground that the right to claim the registration of transfer of ownership according to the security transfer agreement entered into with the Changjin Urban Development is the preserved right, and on February 25, 2010, the registration of ownership preservation has been completed in the future of the development of the Changjin Urban Development on the ground that the provisional disposition is entrusted.

E. On September 10, 2010, the Defendant attached heading 102, 1102, 1202, 1402, 202, 202, 2102, 2202, 2302, 302, 1802, 1902, and 2002 (hereinafter “instant apartment”).

(f) The Chang City Development on November 23, 2010, is the Seoul Central District Court.

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