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(영문) 서울고등법원 2014.12.04 2014나2021098
소유권이전등기
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 15, 2001, Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “the instant multi-household housing site”) added the following conditions: (a) permission to construct a multi-household house (hereinafter “the instant building permit”) the building area of which is 169.95 square meters and the total floor area of which is 654.05 square meters (hereinafter “multi-household house”) with respect to B (hereinafter “the instant multi-household house”) and the land category of B-owned D Road No. 687 square meters (hereinafter “the instant land”) adjacent to the instant land was changed from “the answer”; hereinafter “the instant land”) to the Defendant without compensation prior to the approval for the use of multi-household house.

B. Sra Construction Co., Ltd (hereinafter “Sra Construction”), on April 9, 2007, acquired the ownership of the instant land in sequence through Masung Construction Co., Ltd., E, and on the same day, acquired the ownership of the instant multi-household housing site on the same day, and succeeded to the instant construction permit on April 20, 207.

C. As to the instant land on April 9, 2007, E.S.: ① A mortgagee G, the maximum debt amount of KRW 300 million, ② H, the mortgagee, the maximum debt amount of KRW 1.35 million, ③ I, the mortgagee I, the maximum debt amount of KRW 1.55 million, ④ The mortgagee J, the maximum debt amount of KRW 7,50 million, ⑤ K, the maximum debt amount of KRW 180,00 won, and 60,000 won, respectively.

On April 20, 2010, Kimpo-si submitted a “written consent for joint use of road sites” to the effect that he/she consents to the use of the instant land as access roads for entering the instant multi-household house, and on May 7, 2010, Kimpo-si issued a “written consent for joint use of road sites” on the instant land in accordance with the Building Act on May 7, 2010.

E. E.S. Construction: 2010.

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