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(영문) 대구지방법원 2020.01.22 2019가단107842

소유권이전등기

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1. The defendant shall be the plaintiff.

A. As to each real estate listed in the separate sheet, it is based on sale and purchase on September 17, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a project proprietor of a housing construction project (hereinafter “instant project”) that newly constructs apartment houses with 468 households on the ground of Daegu Suwon-gu and 140 square meters (hereinafter “instant project site”), and obtained approval from the Daegu Metropolitan City Mayor on February 26, 2019 for the instant project.

On the other hand, the defendant is the owner of each real estate listed in the separate sheet in the project site of this case (hereinafter "each real estate of this case").

B. The Plaintiff secured the right to use 95.02% of the instant project site.

C. As a result of the real estate market price appraisal conducted by the Plaintiff as of November 30, 2018, the Plaintiff appraised the highest amount of the market price of each real estate in this case as KRW 28,621,900.

On March 12, 2019, the complaint of this case reached the defendant on March 12, 2019 to the effect that the plaintiff exercised the right to sell each real estate of this case against the defendant.

E. As of June 10, 2019, the court appraiserF appraised the total market value of each of the instant real estate at KRW 44,638,300.

F. Meanwhile, regarding each of the instant real property, the right to collateral security (hereinafter “instant right to collateral security”) is established against G Co., Ltd. and the obligor’s maximum debt amount of KRW 300 million.

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 10, appraiser F's appraisal result, the purport of the whole pleadings

2. Determination as to the cause of action

A. Since the Plaintiff’s establishment of a sales contract obtained approval from the Daegu Metropolitan City Mayor for the housing construction project and secured a right to use more than 95% of the area of the housing construction site, the Plaintiff may file a claim for sale of each of the instant real estate located in the instant project site pursuant to Article 22(1)1 of the Housing Act, and the Plaintiff’s final intent to file a claim for sale on September 16, 2019.