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(영문) 서울남부지방법원 2020.07.16 2019나56737

소유권이전등기 등

Text

1. Revocation of a judgment of the first instance;

2. The plaintiffs' claims against the defendant are all dismissed.

3. The defendant,

A. The plaintiff.

Reasons

1. Facts of recognition;

A. On April 24, 2018, Plaintiff A obtained approval from the head of Guro-gu Seoul Metropolitan Government with respect to a housing construction project that constructs urban residential housing and neighborhood living facilities (hereinafter “instant project”) on the land outside the Guro-gu Seoul Metropolitan Government and 13 lots as follows, and the head of Guro-gu Seoul Metropolitan Government announced the project plan on the 26th of the same month.

The name and address of the business entity: The location, size, and size of the business site of the Plaintiff A and one other than the Plaintiff 1 - The area of the business site - The area of the business site of G 1298.2 square meters: One Dong, three floors and ten floors underground, the total floor area of 609.9249 square meters - Urban residential housing (room-type residential housing 96 households), Class II neighborhood living facilities (general restaurants), the building-to-land ratio of 36.06% - the building-to-land ratio of 249.45 square meters: the project implementation period of the building area of 249.45 square meters from August 1, 2018 to January 31, 2020, the Plaintiffs obtained the approval to change the business plan on April 30, 2018, and the head of Guro-gu Seoul Metropolitan Government publicly notified it on May 3, 2018.

B. The Defendant is the owner of Guro-gu Seoul Metropolitan Government F 43С and cement block tanks and cement mortars and cement mortars and 39.42 square meters of multi-story housing (hereinafter “instant real estate”) located in the instant project site.

C. The Plaintiffs secured the right to use the land of the remaining 96.69% area except the instant real estate among the housing construction sites for the instant project.

On May 8, 2018, the Plaintiffs sent to the Defendant the first “case of sale claim and consultation related to the Housing Act” to guide the details of the approval of the project plan, the current status of securing the right to use the housing construction site, and requested consultations on the sale of the instant real estate, the appropriate sale price and the method of calculating the said price

In addition, the Plaintiffs sent to the Defendant the second “a request for sale under the Housing Act and a consultation related thereto” following the completion of appraisal of the market price of the instant real estate on July 4, 2018, thereby evaluating the appraised price of the instant real estate as KRW 224,890,00,000.

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