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(영문) 서울서부지방법원 2016.08.24 2012가합14074 (1)

소유권이전등기 등

Text

1. The defendant is paid KRW 419,760,00 from the plaintiff, and at the same time the plaintiff is paid KRW 419,760,000 to 99 square meters in Mapo-gu Seoul.

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established to implement a housing reconstruction improvement project in Mapo-gu Seoul Metropolitan Government, and the Defendant is a person who owns real estate specified in paragraph (1) of this Article (hereinafter “instant real estate”).

B. The Plaintiff filed the instant lawsuit with the Defendant and urged the Defendant to reply in writing within two months from the date of receipt of the written peremptory notice, and attached a peremptory notice to the effect that “if it is deemed that the Plaintiff did not consent to the change of the establishment or reply within two months from the date of receipt of the written peremptory notice, it will exercise the right to demand sale under Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.”

C. However, the Defendant did not answer any time after the lapse of two months from April 29, 2014, the delivery date of a copy of the complaint by public notice.

Meanwhile, as of June 29, 2014, the market price as of June 29, 2014 was KRW 41976 million.

(A) The plaintiff asserts that the above market price should be recognized only 90% because of the excessive market price, but there is no ground to view it as such). 【The grounds for recognition clearly stated in the records, the entries in Gap 1, 2, 4, and 9, the appraiser L’s appraisal result, the purport of the whole pleadings.

2. According to the above facts of determination, a sales contract between the Plaintiff and the Defendant was concluded between the Plaintiff and the Defendant with regard to the instant real estate as of June 29, 2014 when two months from the date of delivery of a copy of the complaint as of June 29, 2014 pursuant to Article 39 subparag. 1 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and Article 48(1) through (4) of the Act on the Ownership and Management of Aggregate Buildings.

3. In conclusion, the Defendant is obliged to receive KRW 4176 million from the Plaintiff at the same time to take procedures for the registration of ownership transfer of the instant real estate on June 29, 2014 and deliver the said real estate to the Plaintiff.