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(영문) 부산고등법원 2018.01.12 2017누22923
조합원분양권확인등
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. Defendant C Housing Redevelopment and Rearrangement Project Association (hereinafter referred to as “Defendant C Housing Redevelopment and Rearrangement Project Association”) is an association established to carry out a housing redevelopment and rearrangement project (hereinafter referred to as “instant rearrangement project”) with the size of 12,607.5 square meters in Busan Dong-gu as the rearrangement zone, and Defendant Dae Forest Industry Co., Ltd. (hereinafter referred to as “Defendant Dae Forest Industry”) is the executor of the instant rearrangement project.

B. On June 22, 1978, G purchased a building of 43 square meters in the Dong-gu, Busan (hereinafter “instant land”) and completed the registration of ownership transfer. Around 1986, G newly constructed a building not yet registered (38 square meters in the instant land, 27.2 square meters in the instant land, 38 square meters in the housing of 1st, 27.2 square meters in the housing of 38 square meters, 3rd, 11.6 square meters in the housing of 1st, 11.6 square meters in the first floor, 0.8 square meters in the boiler room, 2nd floor bathing rooms, and 3.2 square meters in the toilet room, etc.

C. The National Agricultural Cooperative Federation had registered the establishment of a neighboring land on August 24, 1994, but applied for voluntary auction on February 2, 199, and H completed the registration of the transfer of ownership by winning a successful bid on December 23, 199.

Defendant D, a wife of G, and his wife, completed the registration of transfer of ownership by purchasing the instant land from H on February 1, 200 and completing the registration of transfer of ownership by 1/2.

E. On January 12, 2010, J made a registration of the establishment of a neighboring mortgage on the portion of 1/2 of the instant land owned by I, but applied for voluntary auction on November 23, 2010. The Plaintiffs completed the registration of the transfer of ownership by winning a successful bid on June 17, 201, respectively.

Accordingly, the land of this case became jointly owned by Defendant D 1/2 and by the plaintiffs 1/4 each.

F. The Plaintiffs filed a lawsuit against G and Defendant I seeking the removal of the instant building. At the first instance court’s ruling of dismissal (Seoul District Court Decision 201Da74563, Feb. 14, 2012) and extended the purport of the claim, such as the payment of rent, while filing an appeal, the Plaintiffs cited only some of the claims (part of the claim for the payment of rent againstG) added by the appellate court.

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