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(영문) 수원지방법원성남지원 2015.02.11 2014가합2026

소유권이전등기

Text

1. The Defendants received KRW 892,042,00 from the Plaintiff simultaneously with the Plaintiff’s payment.

(a)each entry in the separate sheet;

Reasons

1. Basic facts

A. The Plaintiff (the former name of the Company is one corporation) is a company that carries on construction projects, real estate leasing and sales business, and all other business activities related to real estate development to carry out land trust.

B. On September 5, 2008, the Governor of the Gyeonggi-do determined and publicly announced an urban management plan (Class 1 district unit planning zone, etc.) as to Gwangju City D or E.

C. On October 4, 2013, pursuant to Article 16 of the Housing Act, the Plaintiff obtained approval from the Gwangju City Mayor for the housing construction project plan (hereinafter “instant project plan”) with a total of 884 households, including 14 households, on the ground of 27,303 square meters (G block), H and 44 lots, and 28,390 square meters (hereinafter collectively referred to as “instant project site”).

On May 1, 2002, the Defendants jointly purchased each real estate listed in the separate sheet (hereinafter “instant land”) in the instant project zone from J, etc., and on May 4, 2002, the Defendants completed the registration of ownership transfer with respect to each 1/2 portion of the instant land, and owned it until now.

E. On October 15, 2013, after the approval of the instant project plan, the Plaintiff sent a content-certified mail to the Defendants that they want to purchase the instant land through a trade consultation, and intended to purchase the instant land on December 4, 2013, such as presenting a specific purchase price and requesting a purchase consultation, but the Defendants did not comply therewith.

F. On March 13, 2014, the Plaintiff filed the instant lawsuit against the Defendants to exercise the right to sell the instant land pursuant to Article 18-2(1) of the Housing Act. The duplicate of the instant complaint was served respectively on the Defendants on March 25, 2014.

G. As of March 25, 2014, the market price of the instant land as of March 25, 2014 is 892,042,00 won appraiser’s market price appraisal result, 891,096.