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(영문) 대구지방법원 2014.11.20 2013가합11595
소유권보존등기말소 등
Text

1. The defendant on August 22, 2007, as to the real estate stated in attached Table 1 to the plaintiff.

Reasons

1. Basic facts

A. The relation 1) The Plaintiff was established to reconstruct a Daegu Suwon-gu, 19 parcel of ground A apartment and commercial building. On July 29, 200, the Plaintiff obtained authorization from the head of Daegu Suwon-gu, and completed the registration of incorporation on August 21, 2003. 2) The Defendant is the Plaintiff’s member who invested the said A apartment 138 Dong 203 (No. 13 square) in the Plaintiff.

B. On June 23, 2001, at the fourth session of June 23, 2001, the Plaintiff (i) selected a lot construction corporation and a harmony industry corporation as a contractor, and (ii) signed a reconstruction project construction contract with the said company (hereinafter “instant contract”).

(2) On November 16, 2001, the Plaintiff obtained the approval of the first business plan from the head of Daegu Suwon head of the Gu, and on June 30, 2003, obtained the approval of the modification of the business plan, and formulated a management and disposition plan by holding the approved general meeting on August 26, 2003.

3) The Plaintiff shall draw lots of the same kind for the members who filed an application for parcelling-out in accordance with the articles of incorporation and the management and disposal plan after it, and shall set the occupancy charges of 285,432,00 won to the Defendant (=sale price of 345,579,000 won - free shares of 59,103,000 won - free shares of 1,04,000 won for the union members - real estate of 62 square meters as shown in attached Form 1 (lease 1416,803, 1416,000 won to be reconstructed; hereinafter “instant apartment”).

(4) Since September 25, 2003, the Defendant did not conclude a sales contract with the Plaintiff regarding the instant apartment after 30 days have passed since the establishment of the management and disposal plan.

C. 1) On August 9, 2007, F, a creditor of the defendant, applied for a decision to commence compulsory sale of the apartment of this case to G with the Daegu District Court G on August 9, 2007. The above court rendered a decision to commence compulsory sale of the apartment of this case on August 22, 2007. 2) Accordingly, on the instant apartment, the registration of the decision to commence compulsory sale of the apartment of this case was entered.

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