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(영문) 서울중앙지방법원 2015.04.07 2014나21747
분양권전매대금 및 부동산매매대금
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. (1) The Plaintiff’s implementation, etc. of housing redevelopment project on the Plaintiff’s unauthorized Housing Site, etc. (1) was operating an electronic equipment agency on the first floor of the commercial building located in Gwanak-gu, Seoul Special Metropolitan City, while residing in an unauthorized Housing Site (hereinafter “F”) that was connected with the above commercial building from September 24, 1996, and is called “G land below the G land.”

(2) The 2C Housing Redevelopment Association (hereinafter referred to as the 2 C Housing Redevelopment Association) has established and possessed a warehouse on its ground.

(3) The non-party partnership completed the registration of ownership transfer on G land on December 3, 2002, which was incorporated into part of the Seoul Special Metropolitan City I’s land due to the implementation of the improvement project. (b) The non-party partnership, including the Plaintiff’s claim for damages against the non-party partnership, sold the said I’s land included in G land to J, and on May 26, 2006, the registration of ownership transfer was completed under the name of J on the said land on May 26, 2006. (2) The Plaintiff filed a lawsuit against the non-party partnership and the director K of the non-party partnership as this court 2012Ga39856.

Although the Plaintiff agreed to allow the Plaintiff to get the G land when the replotting was made after the completion of the redevelopment project, the cause of the said lawsuit is that the Nonparty Union and K sold the G land to the J, instead of making the instant housing for the said housing redevelopment project.

The Plaintiff was dismissed on September 13, 2012, and was dismissed on August 28, 2013 by Seoul High Court 2012Na92717, and was dismissed on January 28, 2014 by Supreme Court Decision 2013Da78136 Decided January 28, 2014.

The case at the court of first instance, second, and third instance as above.

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