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(영문) 부산지방법원 2015.03.19 2014가합52066
채무부존재확인
Text

1. The plaintiff,

A. As of August 27, 2010 regarding each real estate listed in the separate sheet Nos. 1, 2 and 3 against Defendant B.

Reasons

Basic Facts

A. 1) The Plaintiff is a party to the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Urban Maintenance and Improvement Act”) for the purpose of promoting A Apartment Housing Reconstruction Project on the seven parcels outside Gangdong-gu Seoul Metropolitan Government D.

(2) Defendant B is a housing reconstruction and rearrangement project association established pursuant to the attached Table No. 1 (hereinafter “instant apartment”), an apartment specified in attached Table No. 2 (hereinafter “instant apartment”), and an apartment specified in attached Table No. 3 (hereinafter “instant third apartment”) in attached Table No. 4 (hereinafter “instant apartment”), and Defendant C owns an apartment specified in attached Table No. 4 (hereinafter “instant fourth apartment”).

B. On August 27, 2010, the Plaintiff, including the Defendants, exercised the right to demand sale under Article 39 of the Urban Improvement Act against the owners of the land, etc. in the project area, who did not participate in the reconstruction project, and filed a lawsuit (Seoul East Eastern District Court 2010Gahap14047) claiming the transfer of ownership of each apartment of this case. On July 15, 2011, the above court rendered a judgment of the Defendants: “Defendant B was paid KRW 473,00,000 from the Plaintiff, and was paid KRW 257,00,000 for the first apartment of this case, and was paid KRW 245,00,000 for the second apartment of this case; the Plaintiff and the Defendants did not file an appeal for the transfer registration of ownership for each apartment of this case on August 27, 2010; the Defendants did not file an appeal for the said KRW 201,000,0000 for the second apartment of this case; the Defendants did not file the above KRW 2010.

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