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(영문) 서울서부지방법원 2018.06.15 2017가단232931
건물명도(인도)
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

A. Co-owners, including the Plaintiff, of the Mapo-gu Seoul Metropolitan Government D large 370 square meters and E large 1,038 square meters, concluded a reconstruction project agreement with G Co., Ltd. with the representative director on May through June 2003 by setting up an association (it is a partnership under the Civil Act that did not obtain the authorization of establishment of an association) with the intention to remove existing buildings on each of the above sites and reconstruct an officetel building.

According to the above rebuilding project contract, new officetels were sold preferentially to the members, provided the remaining households with an opportunity to sell to the members first in the form of lot, and then, with respect to the remaining households of general parcels, G Co., Ltd. was to sell the remaining units on behalf of the members and to cover the construction cost with the sale price.

B. H (hereinafter “H”) with the representative director, followed the status of G Co., Ltd. under the above redevelopment project agreement, has implemented the reconstruction project of the Seoul Mapo-gu Seoul Mapo-gu D Site and E Site (Seoul Mapo-gu I, 422m2m2 and JJ large 173m2m2 in the process of the project implementation).

C. On February 4, 2009, the non-party K Saemaul Savings Depository received the right to claim the registration of additional establishment of mortgage on the real estate amounting to the general sale portion among officetels newly constructed pursuant to the above reconstruction project and received the Seoul Western District Court 2008Kahap2317 as the preserved right, and upon the entrustment of the registration of provisional disposition by the above court, on April 9, 2009, the registration of preservation of ownership was completed in 1/46 shares of each owner of the building on the basis of the name of the building permit owner.

As one of the building owners of the above officetels, the Plaintiff completed the registration of ownership preservation for 1/46 shares of the real estate (the real estate in this case) listed in the attached Table, which is a general parcel-out portion, under the above circumstances.

E. Defendant B’s real estate of this case between H on August 30, 2006 is KRW 150 million.

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