소유권이전등기
1. The judgment of the court of first instance is modified as follows.
The defendant is paid KRW 209,00,000 from the plaintiff.
1. Basic facts
A. On September 25, 2015, the Plaintiff is a regional housing association established for the purpose of constructing a new collective housing in Ulsan-gu, Ulsan-gu, Seoul (hereinafter “instant project site”) by the residents of Ulsan-gu.
After securing ownership of at least 95% of the site area of the said housing construction project, the Plaintiff obtained approval of the housing construction project plan from the Ulsan Metropolitan City Mayor on November 6, 2017.
On the other hand, the defendant is the owner of the real estate listed in the separate sheet located in the project site of this case (hereinafter "the real estate of this case").
B. From December 6, 2017, the Plaintiff continuously attempted to negotiate on the purchase of the instant real estate from around December 6, 2017 to the Defendant by way of content-certified mail, but did not reach an agreement.
C. On December 19, 2017, the Plaintiff filed the instant lawsuit against the Defendant, and the Defendant on July 16, 2018; and
7. The 17.17. Each of the claims stated the declaration of intent to sell the instant real estate at the market price by serving a duplicate of the application for modification of the purport and cause of the claim.
Each of the above documents was served on the defendant on July 18, 2018. D.
The market price of the instant real estate was equivalent to KRW 29 billion around July 18, 2018, where a duplicate of the application for change of the purport and cause of the instant claim were served.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 12, Eul evidence 1, the result of a commission of market price appraisal to appraiser G of the first instance court, the purport of the whole pleadings
2. The Plaintiff’s cause of the Plaintiff’s claim did not reach an agreement, even though the Defendant, the owner of the instant real estate located in the instant project site, had agreed on the purchase of the said real estate for at least three months.
Therefore, pursuant to Article 22 (1) 1 of the Housing Act, the Plaintiff may request the Defendant to sell the instant real estate, and the purport and cause of the claim that contains the Plaintiff’s declaration of intent to request sale.