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(영문) 부산지방법원 2017.09.14 2016가단44581
조합원입주권무효화등
Text

1. All of the plaintiffs' lawsuits against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Defendant E District Housing Redevelopment and Rearrangement Project Association (hereinafter referred to as the “Defendant Association”) is a partnership established to carry out a housing redevelopment and rearrangement project (hereinafter referred to as the “instant rearrangement project”) with the size of 12,607.5 square meters, which is 12,607 square meters in Busan Dong-gu, Busan as the rearrangement zone, and Defendant Dae Forest Industry Co., Ltd. (hereinafter referred to as the “Defendant Dae Forest Industry”) is the executor of the instant rearrangement project.

B. On June 22, 1978, Defendant C purchased a building of 43 square meters in the Dong-gu Busan Metropolitan City (hereinafter “instant land”) and completed the registration of ownership transfer. Around 1986, Defendant C newly constructed a building not yet registered (1st, 38 square meters of housing, 27.2 square meters of housing of 27.2 square meters, 3rd, 11.6 square meters of housing, 11.6 square meters of one story, 1st floor toilet, 0.8 square meters of one story, 2nd floor bathing rooms, and 3.2 square meters of toilets, etc. (hereinafter “instant building”).

C. On August 24, 1994, the National Agricultural Cooperative Federation registered the establishment of a neighboring mortgage on the instant land, but applied for voluntary auction on February 2, 199, and H purchased the instant land by winning a contract on December 23, 199.

Defendant D, the wife of Defendant C, and Defendant C, the wife of Defendant C, completed the registration of ownership transfer by purchasing the instant land from H on February 1, 200 and completing the registration of ownership transfer by 1/2.

E. On January 12, 2010, J made a registration of the establishment of a neighboring mortgage on the portion of 1/2 of the instant land owned by I, but applied for voluntary auction on November 23, 2010. The Plaintiffs completed the registration of the transfer of ownership by winning a successful bid on June 17, 201, respectively.

Accordingly, the land of this case became jointly owned by Defendant D 1/2 and by the plaintiffs 1/4 each.

F. On September 5, 2013, the Plaintiffs filed a lawsuit against Defendant C seeking the removal of the instant building and the delivery of 21.5 square meters of the instant land as Busan District Court Decision 2013Kadan56231, and won a favorable judgment on September 5, 2013. The said judgment became final and conclusive around that time.

G. On November 25, 2014, the Plaintiffs renounced the ownership of the instant building from Defendant C, and the building.

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