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(영문) 부산지방법원 2017.11.15 2015가합6749
부당이득금반환
Text

1. The Plaintiff:

A. Defendant Housing and Urban Guarantee Corporation: the Busan District Court B real estate compulsory auction case on July 18, 2014

Reasons

1. Basic facts

A. C Housing Association (hereinafter “Housing Association”) (hereinafter “Housing Association”)

(2) The land of this case is located on March 10, 2003 where the land of this case is divided into 583 square meters for land E on March 10, 2003; hereinafter “the land of this case”) and 2,912 square meters for land of this case in Busan Seo-gu.

) On the ground apartment (hereinafter referred to as “the apartment of this case”)

(2) On November 8, 2002, the Housing Association established a regional housing association with the construction of the apartment in this case, completed the registration of ownership transfer based on the trust with respect to 30/36 shares out of the above land prior to the said division. On May 12, 2003, the Housing Association completed the registration of ownership transfer with respect to the whole remaining shares out of the land in this case due to the division of common property. (2) On June 7, 2003, the Housing Association obtained the approval of the housing construction project plan for the apartment in this case from the head of Saju District Office on June 7, 2003, and the Samju Integrated Construction Co., Ltd. started the construction of the apartment in this case from around August 2003, but suspended the said construction due to the default on February 2

Therefore, on May 21, 2004, the housing association has been engaged in the construction work by setting the deadline for completing the construction project after obtaining the approval of the change of the housing construction project plan from the head of Saunha on December 30, 2007, but the construction work was suspended on December 2, 2007 without reaching the completion date.

3) Meanwhile, around March 2006, the apartment building of this case was completed in entirety from the 1st to the 12nd above ground, and both the columns, roof, and main walls of each floor were built. From July 2005, the housing association concluded a sales contract on the partitioned building of the apartment of this case from around July 2005. B. The provisional attachment and provisional disposition of the land of this case, the progress of the auction procedure, and the distribution of sales proceeds 1) as to the land of this case, from around that time, Busan District Court 2007Kadan12090, which was applied by Defendant A, made a provisional attachment registration on July 12, 2007.

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