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(영문) 서울서부지방법원 2015.10.28 2015가합31896
사전구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Basic facts

A. The Plaintiff is an association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of implementing a housing reconstruction improvement project with the execution zone of Eunpyeong-gu Seoul Metropolitan Government D.

B. The defendant is a sectional owner of the underground floor among the three floors above the third floor above the ground and the first floor above the ground located within the above enforcement zone, and the real estate owned by the defendant on the real estate registration injury is as shown in the attached real estate list.

(hereinafter “instant building”). C.

In the case of the Plaintiff’s transfer of ownership against the Defendant (this Court Decision 2012Gadan27868), and on June 25, 2013, the judgment became final and conclusive on the following: “The Defendant received KRW 294,125,880 from the Plaintiff,” and at the same time, performed the procedure for transfer of ownership on February 8, 2012 with respect to the instant building, and delivered the instant building to the Plaintiff.”

On November 25, 2014, the Plaintiff deposited KRW 294,125,880 as the principal deposit (this Court No. 4755, 2014; hereinafter “instant deposit”) with the Defendant as the principal deposit on November 25, 2014. On the other hand, on January 15, 2015, the Plaintiff removed all the buildings upon the transfer of ownership of the instant building and completed the registration of destruction on February 11, 2015.

E. Meanwhile, in the distribution procedure for the instant deposited money (F) received dividends of KRW 106,183,920, and the Plaintiff’s 83,884,807, and the Intervenor’s Intervenor’s Intervenor received dividends of KRW 71,30,090, respectively.

[Ground of recognition] Facts without dispute, Gap 1 to 11, Eul 1 to 3 (including branch numbers in the case of additional number), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s primary assertion that the Defendant did not cancel the registration of restriction on rights to the instant building (the total amount of claims 904,717,368 won, such as the Eunpyeong-gu Seoul Metropolitan Government Office, Seodaemun-gu Office, the National Health Insurance Corporation’s seizure, G and the Intervenor’s respective provisional seizure, and the establishment registration of a mortgage on H’s establishment).

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