(영문) 서울북부지방법원 2014.09.26 2013나5303

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(영문) 서울북부지방법원 2014.09.26 2013나5303

저당권설정등기 말소등기

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1. Revocation of a judgment of the first instance;

2. The plaintiffs' claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. Korea Co., Ltd., Ltd., (1) known Korea Co., Ltd. (hereinafter “Nuri Korea Co., Ltd”) purchased a house that is expected to be removed in accordance with urban planning, and again sold it to a third party without completing the registration of transfer of ownership.

(2) In a case where a house is demolished in accordance with urban planning and a new house is constructed, a person who owns the removed house will be entitled to compensation for the right to move into the new house and the removed house. In a case where the non-party company purchases the house to be removed and sells it again, the purchaser and the non-party company will have the right to move into the house, and the compensation is to have the whole non-party company, and the buyer has part of the right to move into the land and the compensation, and the remainder of compensation is to have the non-party company.

B. On March 13, 2006, Plaintiff A purchased the real estate listed in the Schedule of F owned List (1) of the Plaintiffs’ List (1) and (2) of the purchase of the ownership of each of the real estate listed in the Plaintiffs’ List (1) and (1) of the real estate to be removed from Nonparty Company (hereinafter “the first house of this case”) in the amount of KRW 150 million. In the event the first house of this case is removed, Plaintiff A would have the portion exceeding KRW 70 million out of the occupancy right and compensation, and Nonparty Company would have the portion exceeding KRW 70 million out of compensation, and completed the registration of ownership transfer with respect to the first house of this case on April 5, 2006.

(2) On November 7, 2005, H purchased the real estate listed in the attached list (2) of J-owned list (hereinafter “the second house of this case”) to be removed from the non-party company. In the event that the second house of this case is removed, H decided to have the portion exceeding KRW 50 million out of the occupancy right and compensation, and the non-party company had the portion exceeding KRW 50 million out of compensation.

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