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(영문) 광주지방법원 2020.02.13 2018가단523254

소유권이전등기

Text

1. The defendant shall receive gold 246,623,760 won from the plaintiff and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a regional housing association established to promote a housing construction project pursuant to the Housing Act and the Enforcement Decree of the Housing Act by making the construction site area of the building site of Gwangju Northern-gu, Seoul (hereinafter “instant project site”) as a project implementation district.

B. The Defendant is the owner of each real estate listed in the separate sheet in the instant project site (hereinafter referred to as “instant real estate”).

C. In order to operate a housing construction project, the Plaintiff secured the ownership of the land at 95.01% in the instant project site by entering into a sales contract with the owner in the instant project site and taking ownership over, around December 7, 2016.

On June 28, 2018, the Plaintiff obtained approval of a housing construction project plan from the Gwangju Metropolitan City Mayor, a person entitled to approval of a project plan under Article 15 (1) of the Housing Act.

E. The landowner in the instant project site, including the Defendant, filed a lawsuit to nullify the approval of the said housing construction project plan issued by the Plaintiff without securing ownership of at least 95% of the instant project site, and filed a lawsuit against Gwangju Metropolitan City Mayor as the Gwangju District Court 2019Guhap11323, but on November 28, 2019, the Plaintiff lost on the premise that the Plaintiff secured ownership of at least 95% of the instant project site, among the instant project site.

The landowners in the instant project site, including the Defendant, appealed to the Gwangju High Court 2019Nu13007, and the appellate court is continuing as of the date of closing argument in the instant case.

F. The Plaintiff from April 17, 2018 to April 17, 2018, via D, an employee of the Plaintiff.

5. Until January 1, 200, the Plaintiff proposed that the Defendant sell the instant real estate in several times by presenting the purchase price, and the Plaintiff sent to the Defendant a certificate of content suggesting the purchase over several times from December 7, 2018.