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(영문) 울산지방법원 2019.09.19 2018나27454

소유권이전등기

Text

1. Paragraph 2, including a claim extended and reduced in this Court, the Disposition No. 1 of the first instance judgment.

Reasons

1. Basic facts

A. On September 15, 2015, the Plaintiff: (a) obtained authorization for the establishment of a housing association from the head of Ulsan Metropolitan City south-gu, Ulsan Metropolitan City; (b) purchased the relevant land from the owners corresponding to at least 95% of the housing construction site area; and (c) obtained approval for the establishment of a housing association on November 16, 2017 from the Ulsan Metropolitan City, Ulsan Metropolitan City; and (d) obtained approval for the business plan from the Ulsan Metropolitan City Mayor on November 16, 2017, by securing the right to use the housing construction site under the Housing Act.

B. The Defendant is the owner of the instant 1 and 2 real estate located in the instant project site.

C. On December 6, 2017, the Plaintiff, after sending to the Defendant a written request for the purchase of the instant real estate 1 and 2, attempted to consult with the Defendant, but did not well reach an agreement. Even after the filing of the instant lawsuit, the Plaintiff continued consultation with the Defendant on several occasions, including the date for pleading of the lower court and the first instance court, but did not reach an agreement because the difference in the purchase price is too large.

After filing the instant lawsuit on December 19, 2017, the Plaintiff filed an application for the market price appraisal on the instant real estate 1 and 2, and submitted an application for modification of the purport of the claim and the cause of the claim on August 20, 2018, reflecting the appraisal result, and filed a request for sale of the instant real estate 1 and 2 at the market price.

E. The appraisal value of the instant 1 and 2 real estate is KRW 131,00,000 according to the result of the commission of appraisal to the appraiser F by the court of first instance as well as the result of the inquiry as to the appraiser F by the court of first instance as to the F.

F. As to the Plaintiff’s right to claim for the registration of ownership transfer against the Defendant, an order of seizure under attached Form 2.1 was issued and executed.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 19, Eul's statements or images of evidence Nos. 1 through 5, 8 through 11, the result of the commission of appraisal by the court of first instance to the appraiser F by the court of first instance, and the appraiser F by the court of first instance and this court.

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