logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.06.11 2014가단122038
임치금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D completed nine units of multi-family housing (multi-household housing; hereinafter “instant building”) on the ground (multi-household housing; hereinafter “instant land”) of Eunpyeong-gu Seoul Metropolitan Government E large 208С (hereinafter “instant land”). On June 23, 1994, the Plaintiff received a successful bid and acquired the ownership of the instant land.

D and the Plaintiff agreed to register the instant building on July 26, 2006 as a group of preserved buildings, sell each household unit, and distribute profits therefrom. Accordingly, on February 5, 2007, the registration of ownership preservation was completed in the name of the Plaintiff as to the nine households of the instant building.

B. Of the instant building, the sales of the instant land and buildings were completed for the remaining six households, excluding heading 01, 101, 202, among the instant buildings, and the ownership transfer registration was completed on September 12, 2007, and the entire land and buildings were included in the F Housing Redevelopment Improvement Project Zone.

The Plaintiff, as the owner of the said unsold three households and the members of the redevelopment association, was entitled to sell the apartment house No. 712 503, which will be constructed after redevelopment, and the instant building was removed.

- The Plaintiff filed a claim with G Housing Redevelopment Improvement Project Association (hereinafter “Redevelopment Project Association”) to pay in cash the amount of rights equivalent to the share of each site out of the instant land, ① unsold three households among the instant buildings, and ②.

- If the Plaintiff is to receive the amount equivalent to the above rights, the amount equivalent to the value of the rights corresponding to the building (i) shall be deposited among them, but the amount equivalent to the value of the rights corresponding to the household (No. 202) of this case shall be deposited separately. If the Plaintiff does not deposit the amount equivalent to the value of the rights of the household of this case even after receiving the settlement money from the redevelopment partnership in cash, the Plaintiff shall be paid KRW 47,154,00 to C

- If the Plaintiff deposits an amount equivalent to the amount of the right to the instant household, C and D shall proceed with a lawsuit seeking confirmation as to the subject to whom the right to claim for payment of deposit money belongs and deposit money according to the outcome of the lawsuit.

arrow