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(영문) 부산지방법원 2016.06.16 2015구합23244
분양승인처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Basic facts

A. A. On June 23, 2014, the Defendant obtained approval for the housing construction project plan from the Defendant regarding the project site B in Busan-gu, Busan-gu (hereinafter “instant project site”). On June 23, 2014, the Intervenor obtained a modified approval for the housing construction project plan with respect to the said project from the Defendant to the Intervenor, and the modification of the overall project plan including the project period, etc.

B. On April 27, 2007, the Plaintiff entered into a pre-sale agreement with C on April 27, 2007 with regard to the land of Busan Jin-gu D, Busan (hereinafter “the instant land”) and 34.65 square meters for a single-story house in the Brackdong roof, which is included in the instant project site, and completed the provisional registration of the right to claim transfer of ownership (hereinafter “the instant provisional registration”) on the same day.

On the other hand, E, the creditor of the Plaintiff, obtained the provisional attachment order on March 7, 2012 as Busan District Court Branch 2012Kadan597, with regard to the Plaintiff’s claim for transfer of ownership based on the provisional registration of this case with the preserved claim of KRW 300 million, and the provisional attachment registration was completed on March 28, 2012.

C. The Intervenor filed a lawsuit against C to file a claim for ownership transfer registration, etc. (No. 2014Gadan226686) and received a judgment in favor of the provisional execution register on October 16, 2014 by filing a claim for sale and a request for delivery under Article 18-2 of the Housing Act with respect to the instant land and buildings.

The Intervenor completed the registration of ownership transfer with respect to the instant land and buildings on December 23, 2014, based on the above judgment, and removed the instant building around February 2015.

On January 16, 2015, the Intervenor filed a lawsuit seeking cancellation of the provisional registration of this case against the Plaintiff as the court Nos. 2015, 40343 (main office) and 2016Gahap40623 (hereinafter referred to as “relevant civil lawsuit”) (hereinafter referred to as “the Plaintiff”), and for E, a lawsuit seeking declaration of consent to the cancellation registration of the provisional registration of this case, and for E, an agreement was reached on June 1, 2015 by paying KRW 70 million to E on June 1, 2015.

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