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(영문) 서울북부지방법원 2015.01.13 2013가단22093
건물철거 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts (new construction of the instant tenement house);

A. B, around 2001, intended to newly construct 6 multi-household houses in the same area of 243 square meters in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant land”).

D, on May 23, 2001, transferred to B the unauthorized Building and Land D, etc. the instant land, etc., under the condition that one of the multi-households scheduled to be newly built from B will pay 25,000,000 won per household as the occupants’ contribution, as the result of the transfer.

(B) No later D has been sold out of 301 new multi-households.

B On July 23, 2001 and July 27, 2001, purchase the instant land in the name of E and F, one of its own employees, and completed the registration of ownership transfer for shares 521/626 out of the instant land in the name of E on August 2, 2001, and under F’s name for shares 105/626 out of the instant land.

After that, on August 27, 2001, the registration of ownership transfer was made in the name of E on August 17, 2001 as to the whole shares in F among the land in this case on August 27, 2001.

C. B, under the name of October 4, 2001, obtained a building permit to build ten households of the fourth apartment house on the instant land under the name of E, and newly built a building in the section for exclusive use of real estate listed in the attached Table (hereinafter “instant apartment house”).

【Acquisition of Claim by Plaintiff and Compulsory Execution】

D. G lent KRW 150 million to B, E, and F on August 10, 2001, and extended February 26, 2007 and the same year.

9. 27. Around that time, the Plaintiff transferred the foregoing loan claim to the Plaintiff, and notified B, E, and F of the assignment of claim.

The Plaintiff, as Seoul Northern District Court Decision 2007Kahap235 on March 7, 2007, as six households [No. 101, 101, 201, 201, 202, and 302 [No. 302] of the instant tenement house (attached Table; hereinafter “the instant tenement house”).

(2) On the 12th of the same month, the provisional attachment was decided on 402] and on the 12th of the same month, the provisional attachment entry registration was made after the completion of registration of ownership preservation in E in respect of each of the above households at the commission of the above court.

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