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(영문) 인천지방법원 2018.04.24 2015가단60336
철거 등
Text

1. The defendant shall order the plaintiff each point of Attached Form 5, 6A, 7A, 8, and 5 among the buildings listed in the annexed list.

Reasons

1. Basic facts

A. On April 12, 2009, the Plaintiff entered into a construction contract with Nonparty C for construction work, which was used as a soup bank among the third floor of the building attached Table 1 attached hereto, with respect to the large-scale repair of 301 to 304, and 306 units (hereinafter “instant construction work”) with multiple households (hereinafter “instant construction work”). From May 10, 2009 to July 15, 2009, the construction cost of which was 200,000,000.

B. The Plaintiff and C agreed that part of the construction cost of KRW 200,000,00 under the construction contract as described in the above paragraph (a) shall be paid in lieu of payment in installments of KRW 302, 304, 306, and 301.

Accordingly, on June 14, 2009, the Plaintiff prepared a sales contract with C on June 14, 2009 with respect to the purchase price of KRW 306,00,000 for KRW 60,000 for KRW 306,00 for KRW 118.40 for KRW 306 for the purchase price, ② Nonparty D (E and Nonparty E succeeded to the instant construction from July 8, 2009) with respect to KRW 302 for KRW 31.68 square meters and KRW 31.68 square meters for the purchase price of KRW 30,000 for KRW 304,00 for the purchase price, ③ between Nonparty E and Nonparty E, with respect to KRW 35,000 for the purchase price of KRW 304 for KRW 57.60

C. As to August 304, 2009, the registration of ownership transfer was completed in the name of the Defendant, E, and as to November 306, 2009, the registration of ownership transfer was completed in the name of F, G, and the name of the Defendant designated by C as to November 13, 2009, respectively.

Meanwhile, as a result of a field investigation conducted in Bupyeong-gu Incheon Metropolitan City on December 14, 2009, it was discovered that No. 301 and No. 303 were changed to a multi-family house from Class I neighborhood living facilities (general bath) to a multi-family house on December 14, 2009, and thus, it became a violation building tag in the aggregate building ledger on December 14, 2009, and on January 18, 2010, the remainder of No. 302, 304, and 306 were changed to a multi-family house without permission from Class I neighborhood living facilities (Korean Council Members) to a multi-family house.

E. Accordingly, on December 22, 2009, the Plaintiff and C, etc. are with the alteration of indication, alteration of use, division and merger of H architect office I.

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