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(영문) 서울남부지방법원 2015.06.04 2014가합2472
소유권확인 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 18, 2001, the Plaintiff had completed the registration of ownership transfer in M on April 27, 2005 with respect to the four parcels above Geumcheon-gu Seoul, C, D, E, and 4 parcels.

From around that time, ownership was acquired and the new construction of the real estate listed in the separate sheet (hereinafter referred to as the “instant building”) was carried out on the ground.

B. Around April 10, 2008, F had received a compulsory decision to commence compulsory auction of the instant building from G with the Seoul Southern District Court on the instant building (hereinafter “instant first auction procedure”).

(2) On April 15, 2008, due to the commission of registration following the decision on compulsory commencement of auction, the registration of preservation of ownership in the Plaintiff’s name was completed on April 15, 2008. (2) From the 1 auction procedure of this case to May 8, 2008, the amount of the right was KRW 1.92,35 million (i.e., value added tax of KRW 115,500,000,000,000 won for the construction contract amount of KRW 11,15,000,000,000 won (297,000,000 won for the additional construction contract amount).

After July 7, 2009, I received a decision to permit sale at the above auction procedure, and completed the registration of ownership transfer on the building in this case on July 7, 2009.

3) On July 7, 2009, the registration of the establishment of a neighboring mortgage with the Defendant and J on July 7, 2009 was completed on July 7, 2009, and after the Appointed K received on November 5, 2012, the registration of the establishment of each of the above mortgages from J was revoked on April 22, 2013 when the instant building was sold by compulsory auction.

4) Around October 9, 2012, a law firm Grand Name received a decision to commence compulsory auction on the instant building from Seoul Southern District Court L with respect to the instant building (hereinafter “instant second auction procedure”).

After the defendant and the selected party K received the decision of permission for sale and paid in full, the compulsory auction on April 22, 2013 for each one-half share of the building in this case is due to compulsory auction.

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