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(영문) 부산지방법원 2016.04.22 2015가단243084
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff by Busan District Court Decision 2013Gaso65809 Decided October 14, 2014.

Reasons

1. Facts of recognition;

A. The “C-building housing association” established by those who own housing, etc. on three parcels outside Yongsan-gu Seoul Metropolitan Government (hereinafter “instant building site”) (hereinafter “C-building association”) selected a lender construction corporation (hereinafter “D-ju construction”) as a contractor, and entered into a contract for a joint reconstruction project with a lender on January 14, 2002. On the other hand, the instant building site was completed on August 25, 2003 by the reconstruction association on the same day.

B. Around May 2007, the lender construction completed an apartment complex E in the 6th and 15th and upper floors E in the 15th and upper floors (hereinafter “instant apartment complex”). As to the 601th floor, which is the section for exclusive use of the instant apartment complex, the registration of ownership was completed in the future of the lender construction on July 6, 2007, and on October 22, 2008, the registration of ownership transfer was completed on May 13, 2003 in the future of the Plaintiff on May 22, 2008.

C. After that, the registration of seizure was completed on April 13, 2010 with the Republic of Korea as the right holder on the instant building site, and on October 10, 2013, the registration of transfer of ownership was completed on September 3, 2013 on the ground of public sale.

The Defendant filed a lawsuit against the Plaintiff, F, G, H, I, and J, who is a sectional owner of the instant apartment, for usage fees under the Busan District Court Decision 2013 Ghana65809, and the said court rendered the following judgment on October 14, 2014.

1) The Defendant’s claim against the Plaintiff: from September 3, 2013, the Plaintiff paid to the Defendant the amount calculated at the rate of KRW 3,330,00 per month from September 3, 2013 to the day the Defendant lost his ownership or the Plaintiff’s possession of the instant section for exclusive use was terminated. (2) The Defendant’s claim against F, G, H, I, and J. (1) Order: the Defendant’s claim against F, H, H, I, I, and J respectively.

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