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(영문) 부산지방법원 2019.07.24 2017가합47669

소유권이전등기

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a regional housing association established for the purpose of supplying multi-family housing to its members, etc. by constructing multi-family housing of 5 stories underground, 39 stories above ground and 8 stories above ground in the method of a regional housing association on the area of 14,983 square meters of the land site in Busan Dong-gu, Busan Metropolitan City (hereinafter “instant project site”). The Defendant is a person who is registered as the owner of the real estate in the attached list in the project site (hereinafter referred to as “each of the instant real estate”).

B. In order to carry out a housing construction project, the Plaintiff acquired ownership by entering into a sales contract with the land owner with 95% in the instant project site. On January 16, 2018, Article 15(1) of the Housing Act, Article 27 of the Enforcement Decree of the Housing Act, and Articles 12 and 13 of the Enforcement Rule of the Housing Act, the Plaintiff obtained approval of the project plan from the head of the Dong-gu Busan Metropolitan City (hereinafter “instant project plan”).

C. Meanwhile, as of March 28, 2018, each of the instant real estate was assessed as KRW 1,335,715,60 (Co., Ltd. E) through KRW 1,368,057,50 (AppraisalF). On April 27, 2018, the Plaintiff deposited KRW 1,351,886,550 (= [1,335,715,600 won) ± [1,368,057,50 won] ± [2] as the Busan District Court’s gold Order 2207 in 207.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 2 through 8 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was that the Defendant intended to negotiate on the purchase of each real estate of this case with the Defendant for at least three months after obtaining the approval of the project plan of this case, but the Defendant did not reside in the domicile indicated in the respective real estate registration book of this case.

Accordingly, the Plaintiff, upon exercising the Defendant’s right to demand sale in accordance with the Housing Act, deposited the sales amount with the application form to modify the purport of the instant claim and the cause of the claim.