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(영문) 울산지방법원 2015.02.06 2014가단55542

소유권이전등기

Text

1. The defendant shall receive KRW 511,302,960 from the plaintiff, and at the same time, shall be listed in the attached Table 1 list to the plaintiff.

Reasons

1. Basic facts, relevant statutes, etc.;

A. (1) The Plaintiff filed an application with the Ulsan Metropolitan City Mayor for approval of the housing construction project plan (hereinafter “project plan of this case”) to build 1,182 units of privately-owned apartment units on the ground of Ulsan Metropolitan City Mayor and 286 m286 m2, Ulsan-gu, Ulsan Metropolitan City (hereinafter “instant project site”).

(2) On February 26, 2014, the Ulsan Metropolitan City Mayor approved the said housing construction project plan (hereinafter “approval”), and around that time, determined a single unit planning zone with a size of 81,705 square meters adjacent to the instant project site, including the instant project site, as a district unit planning zone, and publicly notified the instant approval on March 6, 2014, as well as publicly notified the purport of the determination of the district unit planning zone and topographical drawings.

B. On October 11, 197, the Defendant, including the possession of the Defendant’s ownership, acquired the entire shares of the real estate listed in [Attachment 1] No. 3 on October 11, 197, acquired the ownership of the real estate listed in the same list No. 1 on March 6, 190, and completed the registration of ownership preservation on the real estate listed in the same list No. 2 on May 29, 2014 (hereinafter referred to as the “instant real estate”).

C. (1) The Plaintiff’s progress on May 2, 2014 to purchase the instant real estate after the instant approval.

5. On December 12, 200, a written notice of the commencement of an indemnity agreement, stating the subject matter of the indemnity agreement, the amount of indemnity agreement, etc., by presenting the appraisal price and the standards for appraisal through the appraisal corporation with respect to the instant real estate, was served on the Defendant on May 12, 2014.

5. A service was received around 14.

(2) Around that time, the Plaintiff had several employees visit the Defendant to hold consultations on the sales price. The Defendant demanded a total of KRW 750 million in the sales price of the instant real estate and KRW 12 million in capital gains tax equivalent to KRW 200 million for the total of KRW 950 million in the sales price of the instant real estate, and the Plaintiff’s equity between the business balance and other props.