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(영문) 부산지방법원 2016.07.05 2016가단309608

소유권이전등기

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion entered into a sales contract with the owner of land who reaches 93.82% of the housing construction site area in Seo-gu Busan Metropolitan City, Seo-gu. The plaintiff is obligated to secure a right to use the land exceeding 95% of the site area in the project area and apply for the approval of the housing construction project plan. Since the plaintiff is planned to obtain a right to use the land exceeding 95% of the site area in the project area, 739% of the real estate stated in the attached Table 1 of the project area is owned by 739% of the real estate in the project area, and the defendant is obligated to pay the purchase price of KRW 289,

2. Article 18-2(1) of the Housing Act provides that "a project operator who has obtained approval of a project plan may, where he/she secures a right to use at least 95/100 of the area of the housing construction site, request all owners of the site who failed to secure a right to use the site to sell the site at the market price." However, even according to the Plaintiff's assertion itself, the Plaintiff's assertion does not meet the above requirements for request

3. Conclusion, the Plaintiff’s claim of this case is dismissed for lack of grounds.