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(영문) 수원지방법원성남지원 2015.04.09 2014가합207555
지료청구
Text

1. The Defendant is the Plaintiff with regard to the amount of KRW 78,544,246 and the amount of KRW 1048.2 square meters in Namyang-si, Namyang-si from October 2, 2014.

Reasons

1. Basic facts

A. On November 25, 2004, the Plaintiff’s acquisition of ownership of the instant land 1) C and D are as follows: (a) on November 25, 2004, the parking lot B 1048.2 square meters from the Korea Land Corporation (hereinafter “instant land”).

(2) On September 11, 2009, the National Federation of Fisheries Cooperatives completed the registration of ownership transfer with respect to the land of this case on January 19, 2007, by obtaining a loan of KRW 1.85 billion from the National Federation of Fisheries Cooperatives. On September 9, 2009, the National Federation of Fisheries Cooperatives completed the registration of ownership transfer with respect to the land of this case on its own. (2) On September 11, 2009, the National Federation of Fisheries Cooperatives filed an application for voluntary auction of the land of this case with the Government District Court E in the Republic of Korea based on the above mortgage, and the said court decided to commence voluntary auction on October 9, 2009. The Plaintiff paid the sale price in full and completed the registration of ownership transfer due to the sale due to the voluntary auction on July 26, 2011.

B. On February 4, 2005, the Defendant’s acquisition of ownership of the instant building: (a) C and D obtained a building permit from the Namyang-ju mayor to construct the instant land with the total floor area of 4,100.89 square meters; (b) one underground floor and the five-story general steel structure building on the instant land; (c) began construction around August 2006; and (d) around January 207, F obtained a permit to change the total floor area of the instant building to the size of 2,211.28 square meters; and (b) on May 19, 2011, F filed a report on the change of the owner’s name to the owner of the building; and (c) on May 27, 2011, F filed a report on the change of the owner of the building permit to C and F.

3) On September 23, 2011, G received the consent of C, and filed a report on the change in the name of the owner of the building permit to F and G in the name of the building owner. On October 13, 2011, H and I received the said report. 4) H and I shall obtain the consent of F and G on November 21, 201 from the Namyang-ju City Mayor.

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