소유권이전등기
1. The defendant received KRW 898,830,640 from the plaintiff and simultaneously received the payment from the plaintiff,
(a) in Forms 1 and 2 of the Schedule.
1. Basic facts
A. Under the Housing Act, the Plaintiff is a trust company that implements a housing construction project (hereinafter “instant project”) that newly constructs multi-family housing of 468 households on the land of 140 square meters, Daegu Suwon-gu, and 20,063.9 square meters on the ground, Daegu-gu, and 140 square meters.
B. On June 29, 2018, the Plaintiff secured the right to use 95.02% of the housing construction site area of the instant project and obtained approval from the Daegu Metropolitan City Mayor on February 26, 2019.
C. The Defendant is the owner of each real estate listed in the separate sheet located in the instant project site (hereinafter “each real estate of this case”).
With respect to the aggregate value of each real estate of this case, on November 30, 2018, D Appraisal Corporation was assessed as KRW 838,220,550, and E Appraisal Corporation as KRW 844,628,400, respectively, and on June 17, 2019, the court appraiser F assessed as KRW 898,830,640 as of June 17, 2019.
[Ground of recognition] A without dispute, each entry in Gap evidence 1 through 8 (including both the branch numbers), the appraiser F's appraisal result, the purport of the whole pleadings
2. Determination as to the cause of action
A. Since the Plaintiff’s establishment of a sales contract obtained approval from the Daegu Metropolitan City Mayor for the housing construction project and secured a right to use more than 95% of the area of the housing construction site, it is evident that the Plaintiff could file a claim for sale of each of the instant real estate located in the instant project site pursuant to Article 22(1)1 of the Housing Act, and the Plaintiff’s claim for sale and a copy of the application for change of the purpose of the claim and the cause of the claim filed on July 12, 2019 reached the Defendant on July 16, 2019.
Article 22 (1) of the Housing Act only requires prior consultation for a period of at least three months after approval of a project plan and does not impose any restrictions on the method or time limit, etc. Therefore, such consultation may only be conducted after filing a lawsuit claiming a right by exercising a right to demand sale. The Supreme Court Decision 26 August 26, 2014.