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(영문) 부산고등법원 2020.11.18 2020나51887
배당이의
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Pursuant to the joint project agreement, H and I are parcels of land F and two (hereinafter “instant land”). H and I are as follows: (a) the smuggling-si owners of the instant building;

2) As to the ground-based building, soup and soup shall be made up to the fourth floor bath and soup (hereinafter “instant building”).

) The N Co., Ltd. (hereinafter “N”) on June 7, 2007 after obtaining a construction permit with the content that it constructs.

2) Around July 1, 2007, E and J concluded a joint agreement with the representative director J and E to jointly carry out the said soup project. The main contents of the agreement were that H and I provided the instant land, E and J constructed the instant building with the burden of loan interest and construction expenses, and that E and J changed the owner of the instant building into a corporation by establishing a corporation after the completion of the structural construction. (2) E transferred the name of the owner of the instant building from H, etc. and concluded a contract for the instant construction of the instant building (hereinafter “instant construction”) with N, etc., and N began construction from July 1, 2007 to complete the said 3-story construction and continued the construction on February 2, 2009.

E on September 8, 2010, the name of the owner of the instant building was changed to M, but the Corporation failed to proceed properly thereafter.

B. 1) The instant land and buildings were incorporated into GD zones implemented by the Republic of Korea, and the Republic of Korea completed the registration of ownership transfer on March 5, 2014 with respect to the instant land on the ground of consultation on the land for public use on February 10, 2014. 2) The Central Land Expropriation Committee, on April 23, 2015, determined the compensation amount of KRW 1,725, 471,00, and the date of commencement of expropriation as of June 16, 2015.

However, the Republic of Korea Act on the Acquisition of Land, etc. for Public Works Projects on June 11, 2015 on the grounds that the owner of the instant building cannot be identified.

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