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(영문) 부산지방법원 2017.08.11 2016가단353520

소유권이전등기

Text

The defendant shall receive KRW 238,65,980 from the plaintiff, and at the same time, shall acquire each real estate listed in the attached Table from the plaintiff.

Reasons

Facts of recognition

Attached Form

Facts in the cause of the claim shall not be disputed between the parties, or may be acknowledged by each entry in Gap 1 through 7 (including branch numbers; hereinafter the same shall apply) and the purport of all pleadings.

In addition, the period for applying for parcelling-out project implemented by the Plaintiff Union was from September 1, 2016 to October 15, 2016 of the same year and extended from October 25, 2016, the market price of the real estate listed in the attached list (hereinafter “instant real estate”) around October 26, 2016 is KRW 450,65,980 in the market price around October 26, 2016, and the Defendant’s remainder of the loan of the instant real estate as security was KRW 200,000 in the remainder of the loan granted to the instant real estate, and KRW 12,00,000 in the lease deposit of the lessee residing in the instant real estate is not disputed between the parties, or may be recognized by each of the parties’ respective statements stated in the attached subparagraph 7, the market price appraisal result of this court, the result of the order to submit the financial transaction information to the Saemaul Fund, and the purport of the entire pleadings.

Where a partner becomes a person subject to cash liquidation as stipulated in Article 47 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), such as failing to apply for parcelling-out or withdrawing an application for parcelling-out in a housing reconstruction project, and the association’s articles of association, a reconstruction association may file a claim against a person subject to cash liquidation for the registration of ownership transfer of real estate in a rearrangement zone by applying mutatis mutandis Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). In such cases, the time when the obligation to pay settlement money for a person subject to cash liquidation takes place shall be the following day of the expiration of the period of application for parcelling-out, and the time when the sales contract is deemed to have been established by exercising the right to claim sale of land

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