logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.10.27 2014가단5008229
소유권말소등기
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 May 28, 2001, Seongbuk-gu Seoul Metropolitan Government 20,387 square meters was publicly notified as “A house redevelopment zone designation decision” under the former Urban Redevelopment Act (repealed by Article 2 of the Addenda to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Act No. 6852, Dec. 30, 2002) and the Plaintiff was established for the purpose of the said housing redevelopment project around January 2002.

B. The Defendant, on August 3, 2001, cut off D large scale 43 square meters (hereinafter “instant land”) included in the above zone from Seongbuk-gu and completed the registration of ownership transfer on June 25, 2002.

C. According to the management and disposal plan approved for the last change in 2009, the defendant also included the plaintiff's partner in the subject-matter of sale (the amount of the right to the land of this case: 72,670,000 won) and the registration of preservation of ownership in the purport of the claim regarding the apartment of this case (hereinafter "registration of this case") was completed around that time.

Article 27 of the former Seoul Special Metropolitan City Ordinance on Urban Redevelopment Project (Ordinance No. 3806 of the Seoul Special Metropolitan City) / [1] The persons eligible for the sale of multi-family housing among the sites and constructed facilities shall be those falling under any of the following subparagraphs as of the base date of the management and disposal plan among the applicants for the sale under Article 33 (2)

1. The total value of the previous land and buildings owned by the applicant for parcelling-out, excluding the value falling under any of the following items, exceeds the estimated value of one household of the minimum multi-family housing for parcelling-out among the sites and building facilities scheduled for parcelling-out in the project implementation district concerned:

(i)in this case the value equivalent to the area of the State-owned or public land which has been or is scheduled to be removed to the possessor in question shall be included in the amount of rights.

In case where the lands within the scope of a site under subparagraph 1 of Article 2 of the Building Act are several parcels of land or several structures exist within the scope of a site, after the date of designation of a zone and public notice thereof.

arrow