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(영문) 울산지방법원 2019.11.07 2019나11951

소유권이전등기

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall receive KRW 237,425,850 from the plaintiff.

Reasons

1. Facts of recognition;

A. On September 15, 2015, the Plaintiff: (a) obtained authorization to establish a housing association from the head of Ulsan Metropolitan City south-gu, Ulsan-gu, Seoul as a project site (hereinafter “instant project site”); and (b) obtained approval from the owners equivalent to at least 95% of the housing construction site area to complete the registration of ownership transfer due to sale; and (c) obtained approval for the project plan from the Ulsan Metropolitan City Mayor on November 16, 2017, by securing the right to use housing construction site under the Housing Act.

B. The Defendant is the owner of each of the instant real estate located in the instant project site.

On June 4, 2018, the real estate listed in paragraph (1) of the attached Table 1 (H-74 square meters in Ulsan-gu) and the real estate listed in paragraph (3) of the attached Table 1 (I-gu in Ulsan-gu) was divided into the real estate listed in paragraph (1) of the attached Table 1 (H-74 square meters in Ulsan-gu) in Ulsan-gu.

C. On December 6, 2017, the Plaintiff sent a written request for purchase to the Defendant with the content of the written request for purchase, and on December 8, 2017, it was intended to undergo telephone consultation on the confirmation of the receipt of the written request for purchase consultation and the terms and conditions of sale, etc., and on December 3, 2018, after the filing of the instant lawsuit on December 19, 2017, the Plaintiff did not reach an agreement even though it directly talks with the Defendant on December 3, 2018.

After filing the lawsuit in this case, the Plaintiff applied for the market value appraisal of each real estate in this case. The appraised value of each real estate in this case was KRW 361,875,850, and each real estate in this case was established as a collateral security (the maximum amount of claims KRW 156,00,000) under the name of D Association. However, as of July 4, 2018, the secured claim amount was KRW 124,450,000.

E. Accordingly, the Plaintiff received payment of KRW 237,425,850 (= KRW 361,875,850 - KRW 124,450,000) remaining after deducting the secured debt amount of the right to collateral security established on each of the instant real property from the appraised value of each of the instant real property (i.e., KRW 361,875,850) and sought ownership transfer registration and transfer of each of the instant real property at the same time.

7. Each of the 12.12. Claims and purports of the claim.

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