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(영문) 광주지방법원순천지원 2012.07.12 2011가합5357 (1)
근저당권말소
Text

1. All of the lawsuits against the plaintiffs' intervenors are dismissed.

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

Reasons

1. Basic facts

A. The Sungyang Construction Co., Ltd. (hereinafter “Ssung Construction”) newly constructed a rental house with a total of 1,362 households on the AB ground at Mayang-si, and completed registration of preservation of ownership on July 7, 1998 after obtaining approval for use on May 11, 1998. The Plaintiffs are tenants of each of the real estate listed in the [Attachment 3 and 4] list among the instant rental houses (hereinafter “the instant real estate”).

B. On December 6, 2007, the Sungyang Construction completed the supplementary registration that, except for the establishment of the limited real right for the National Housing Fund, the Housing shall not establish the limited real right or conduct any act of restricting the ownership such as seizure, provisional seizure, provisional disposition, etc. without the lessee’s consent (hereinafter “the supplementary registration of this case”).

C. On April 15, 2010, Hoho Construction notified tenants of the instant real estate of the date of application for conversion for sale in lots from April 15, 2010 to April 25, 2010. On June 10, 2010, the public notice was posted to the effect that negotiations with lessees on the conversion for sale in lots have ended and the period of extension is maintained as rental apartments.

Pursuant to Article 40 (3) of the Housing Act as of December 18, 2009, a public notice of the scheduled survey on individual visits to conversion for sale in lots was issued on February 25, 2010, a public notice of subscription to conversion for sale in lots was issued on April 15, 2010, a notice of subscription to conversion for sale in lots was issued on April 15, 2010, and an application for sale in lots was issued from April 15, 2010 to April 25, 2010, and the real estate in this case was issued 60 days from the date of notification of the date of subscription for sale in lots was issued. Accordingly, the real estate in this case was subject to cancellation of the additional registration by attaching a confirmation document of the representative director of Sungho Construction, who is subject to cancellation of the additional registration under Article 40 (3) of the Housing Act pursuant to Article 1195 of the Rules of the Supreme Court.

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