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(영문) 서울서부지방법원 2016.08.30 2016가단212398
근저당권말소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Construction of the instant V-based building:

A. The W Area Housing Improvement and Redevelopment Association (hereinafter “In-house Cooperative”) decided to carry out the apartment housing (Y apartment), neighborhood living facilities (multi-family housing), and sales facilities construction projects in the Seodaemun-gu Seoul Metropolitan Government X-gu, and commenced the project by securing a total of 920 parcels of land.

(hereinafter “instant redevelopment project”). B.

In order to construct sales facilities, the non-party association newly constructed the 5th floor above the third floor above the ground level of the reinforced concrete structure listed in the attached Table 1 List 6 in the attached Table 1 List 6 (hereinafter “instant 63 parcel”) on the ground of the above 920 parcel out of the said 920 parcel, and completed the construction on February 26, 199.

C. However, while the non-party union was unable to register the preservation of ownership of the building of this case because the notice of sale in lots was not issued, the non-party union filed an application for compulsory auction of this case by 240 persons, the creditor of the non-party union, to the Seoul District Court Branch AA branch of the Seoul District Court regarding the building of this case, and on January 24, 2004, the registration of preservation of ownership was completed in the name of the non-party union on the non-party union under the name of the non-party union.

(Provided, That this case is registered as one neighborhood living building other than an aggregate building).

D. On December 12, 2003, the non-party association arbitrarily selected 920 parcels of land secured for the redevelopment project of the instant case from among the 920 parcels of land secured by the Plaintiff’s Intervenor, the Plaintiff’s Intervenor, and the Plaintiff’s Intervenor, and the non-party association included five parcels of land, such as one square meter in attached Table 1 through (5) Seoul Seodaemun-gu AB large AB large scale, five square meters in AC large scale, 20 square meters in AD large scale, 20 square meters in AE large scale, 22.7 square meters in AE large scale, 318.3 square meters in AF large scale, including 63 lots in this case.

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