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(영문) 수원지방법원 2015.06.02 2014구합4321
건축관계자변경신고수리거부처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On April 4, 2008, AWn Industry Development Co., Ltd. (hereinafter “AW Industry Development”) obtained a construction permit (hereinafter “instant construction permit”) with respect to construction works for first and second-class neighborhood living facilities (hereinafter “instant construction permit”) with a total floor area of 5,24.09 square meters on the ground of 5,24.09 square meters on the ground of the B Housing Site Development Zone C and D block (hereinafter “instant land”) in Sungsung-si, the Defendant (hereinafter “instant land construction permit”).

B. On July 8, 2010, G, H, and I (hereinafter collectively referred to as “existing building owners”) with a creditor of a loan for the development of the T&A industry, filed a report on the change of construction participants with respect to the instant building permit to the Defendant, and the Defendant accepted the said report on the change on July 16, 2010.

C. Meanwhile, the development of L&C was declared bankrupt on November 18, 2010 at the time when only the construction of the underground floor was completed during the instant construction (hereinafter “the instant unregistered building”). The previous building owner reported his/her loan claims as bankruptcy claims around February 201, and received the last distribution from the said bankruptcy estate on October 28, 2014.

Plaintiff

On October 2013, Gropidi Co., Ltd. (hereinafter “Plaintiff”) concluded a sales contract with J on the following terms and conditions, and completed the registration of ownership transfer under the name of the Plaintiff on March 4, 2014.

1. Land of this case subject to sale;

2. Sales amount of KRW 941,500,000;

4. Seller’s duty to cooperate in the acquisition of ownership by the Plaintiff Company: (1) The seller shall, after receiving any balance of the purchase price, resolve all restrictions (provisional seizure and disposition on default) within a reasonable period of time, and pay the unpaid amount to the Korea Land and Housing Corporation.

(2) The seller shall present this case from the Korea Land and Housing Corporation.

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