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(영문) 부산지방법원 2016.07.21 2014나16040
소유권이전등기 등
Text

1. The part concerning the conjunctive claim against Defendant B in the judgment of the court of first instance and the part concerning Defendant C and D respectively.

Reasons

1. Basic facts

A. On April 12, 2013, the Plaintiff obtained approval of the housing construction project plan under Article 16(1) of the Housing Act with respect to a project for constructing multi-family housing with 14 Dong-dong 1,335 units on the land (hereinafter “instant project”) from the Busan Metropolitan City head on the Busan Seo-gu and 504 plot of land, and announced the said approval on the same day. As of June 10, 2013, the Plaintiff secured a right to use 95.02% of the land necessary for the instant project as of June 10, 2013.

B. On October 31, 2013, Defendant B purchased real estate listed in the separate sheet (hereinafter “instant real estate”) included in the instant project site from H and completed the registration of ownership transfer on the same day.

C. On November 1, 2013, Defendant C completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”), the maximum debt amount of 300 million won, and the registration of the establishment of a mortgage near the Defendant B, which became the Defendant B (hereinafter “registration of the establishment of a mortgage over the instant case”), on the instant real estate on November 1, 201, and completed the registration of the establishment of a mortgage over the Defendant B, which became the Defendant B (hereinafter “registration of the establishment of a mortgage over the instant real estate”). On November 1, 2013, Defendant C completed the registration of the establishment of a mortgage over the instant real estate, which became the Defendant B (hereinafter “registration of the establishment of a mortgage over the instant second class

(hereinafter referred to as “the establishment registration of a new mortgage of this case,” in total of the establishment registration of the first and second units of this case.

On August 28, 2014, the Plaintiff submitted to Defendant B an application for correction of the purport and cause of the instant real estate pursuant to Article 18-2(1) of the Housing Act, which included a declaration of intent to sell the instant real estate, and on August 28, 2014, the application for correction of the purport and cause of the instant claim was served to Defendant B on August 28, 2014.

E. Meanwhile, on June 22, 2013, the Intervenor entered into a joint agreement with the Plaintiff regarding the instant project (hereinafter “instant joint agreement”) with the following content, and on September 18, 2014, which was subsequent to the pronouncement of the first instance judgment.

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