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(영문) 부산지방법원 2016.12.28 2016가합618

소유권이전등기등

Text

1. The defendant shall receive KRW 3,701,140,630 from the plaintiff, and at the same time, shall be listed in the attached list 1 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association which obtained authorization on October 16, 2015 to implement a housing reconstruction project at the Busan Northern District C Headquarters, and completed the establishment registration on October 23, 2015.

B. The Defendant is the owner of each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) located within the said project implementation district.

C. On November 5, 2015, the Plaintiff sent a peremptory notice to the Defendant stating that “the Defendant shall reply to the Plaintiff as to whether he/she consented to the establishment of the Plaintiff within two months from the date of receipt of the peremptory notice, and if there is no reply within the said period, it shall be deemed that he/she would not consent to the establishment of a reconstruction association and purchase each of the instant real estate at the market price” (hereinafter “the instant peremptory notice”), and the said peremptory notice reached the Defendant around that time.

The Defendant did not make any reply to the Plaintiff within two months from the date of receipt of the above peremptory notice, and the duplicate of the instant written complaint containing an expression of intent to exercise the Plaintiff’s right to demand sale of each of the instant real estate reaches February 25, 2016 to the Defendant.

E. On February 25, 2016, the delivery date of a copy of the complaint of this case, the market price of each real estate of this case as of February 25, 2016 is KRW 3,881,140,630 in total (=land price of KRW 1,043,283,03,030 in the building price of KRW 2,837,857,600 in total). As of the closing date of argument of this case, the building listed in attached Table 1 List 2(2) as of the closing date of argument of this case (hereinafter “the building of this case”) is set up a lease on a deposit basis of KRW 100,000 in the lease on a deposit basis with lease right of KRW 80,00 in the lease right

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, appraiser F's appraisal result, appraiser F's appraisal result, appraiser F of this court's entrustment of supplementation of appraisal, fact-finding result, purport of the whole pleadings

2. Determination

(a) Attached Form 2 of the relevant statutes;

B. According to the fact that the sales contract of this case was established 1, the Plaintiff was established on January 2015.