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(영문) 부산지방법원 2014.04.16 2013가단67040
건물퇴거
Text

1. The defendant is on August 1, 2008 before the plaintiff 26-1 [Road Name Address: Busan Doha-ro, Busan Doha-ro, 81].

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Alternative Development Co., Ltd. (hereinafter “alternative Development”)

A) On May 4, 2004, 26-1 [Road Name Address: 81,000m20m20m2 (hereinafter “instant land”) prior to the Busan Seo-gu, Yandong-dong 26-1 [Road Name Address: Doha-ro, Busan Seo-gu, Doha-dong] 8,50

On May 4, 2002, development completed the registration of ownership transfer for reasons of sale and purchase. 2) On December 4, 2003, development obtained approval of a business plan to build 4 and 56 houses on the ground, such as the instant land, from the Busan Seo-gu Office, and on June 5, 2006, approval was obtained for modification of a business plan to build 5 and 64 houses on the instant land and adjoining land. Around June 5, 2006, construction of 106 buildings, including 106 buildings listed in the separate sheet, started construction of 98.6% from September 30, 208, but the construction was suspended due to lack of funds.

3) On August 8, 2005, the National Agricultural Cooperative Federation attached the instant land on November 14, 2007, when the National Agricultural Cooperative Federation completed the registration of creation of superficies for the entire land, the ownership and scope of buildings, other structures, or trees, from August 8, 2005 to 30 years from August 8, 2005, the entire duration of the land, and the duration of the land. On December 26, 2007, the registration of creation of a neighboring superficies for the debtor was completed. (4) As the development was in arrears of the property tax, the Busan Seo-gu Office attached the instant land on November 14, 2007, and the Korea Asset Management Corporation vicariously performed the auction procedure on the instant land at the request of the Busan Seo-gu Office around December 2009.

5) On March 26, 2010, the Plaintiff purchased the instant land at KRW 1,183,330,000, and completed the registration of ownership transfer under its name with respect to the instant land on April 1, 2010. On April 1, 2010, the registration of the establishment of a neighboring mortgage and the registration of the creation of superficies under the name of the National Agricultural Cooperative Federation was cancelled on April 1, 2010. 6) The Plaintiff was Suwon District Court 2010Da20191.

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