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(영문) 수원지방법원성남지원 2014.08.14 2013가단32856
대지권이전등기
Text

1. As to each share of 64.85/1783.6 square meters among the 17,833.6 square meters in Seongbuk-gu, Sungnam-gu, Sungnam-si:

(a) 271,794.

Reasons

1. Facts of recognition;

A. The Defendant is a reconstruction association established to promote an apartment reconstruction project, which selected Hyundai Construction Co., Ltd. as a contractor and constructed G apartment on the ground of 17,833.6m2 in Seongbuk-gu, Sungnam-gu.

B. Of the above G apartments, the apartment indicated in the attached Table 1 (hereinafter “instant apartment”) was registered on December 3, 2012 in the name E in which the Defendant was a member of the Defendant, and the registration of preservation of ownership was made on December 3, 2012. The apartment was sold to the Plaintiff A through a voluntary auction on June 26, 2013 in the absence of the right to site

C. Of the above G apartments, the apartment as indicated in the attached Table 2 (hereinafter “instant apartment”) was registered for preservation of ownership on December 3, 2012 in the name F in which the Defendant was a member of the Gu, and was sold to the Plaintiff B through a voluntary auction on August 12, 2013 under the condition that the right to a site was not registered.

The share of 64.85/1783.6 square meters in the area of 17,833.6 square meters in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, which falls under the site ownership of each apartment of this case remains as owned by the defendant.

The defendant has a charge of KRW 276,966,40 (including interest), additional charge of KRW 17,270,940 (including interest), additional charge of KRW 3,708,80 in the case of the passenger voting, KRW 12,065,08,00 in the case of the passenger voting, KRW 7,080 in the case of the passenger voting, KRW 7,080 in the registration cost, KRW 463,220 in the total of KRW 317,55,170 in the case of the 317,794,684 in the case of the 317,55,170 in the case of the 45,760,486 in the case of the 1st apartment, deducted the charge of KRW 273,116,90 in the case of the 2nd apartment, KRW 1684 in the case of the 2nd apartment, KRW 305,294 in the case of this case from each charge.

The defendant does not pay the above money to E and F, and thus refuses to implement the procedure for the registration of transfer of ownership of each right to a site.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, and Gap evidence 3-6 respectively.

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