소유권이전등기 등
1. The Plaintiff:
A. Defendant B is paid KRW 62,00,000 from the Plaintiff and at the same time, real estate indicated in attached Form 1.
1. On April 12, 2013, the Plaintiff obtained approval from the Busan Metropolitan City head of the housing construction project plan under Article 16(1) of the Housing Act with respect to a business that newly constructs multi-family housing (multi-family housing) with 14 Dong 1,335 units on the land (hereinafter “instant project site”) outside the Busan Seo-gu E and 504 parcels (hereinafter “instant project site”), and the said approval was publicly announced on the same day.
On October 31, 2013, Defendant B acquired the ownership of the real estate indicated in the separate sheet (hereinafter “instant real estate”) included in the instant project site. On November 1, 2013, Defendant C completed the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) and the registration of the establishment of a mortgage over KRW 300 million with respect to the instant real estate on the same date, Defendant C completed the registration of establishment of a mortgage over the maximum debt amount of KRW 200 million with respect to the instant real estate (hereinafter “the registration of establishment of a mortgage over the instant real estate”).
On February 20, 2014 and August 28, 2014, pursuant to Article 18-2(2) of the Housing Act, the Plaintiff filed an application with Defendant B for change of the purport of the claim and the cause of the claim seeking the sale of the instant real estate as of the date of serving the application for correction of the purport of the claim and the cause of the claim. The duplicate of the above application was served on Defendant B on February 22, 2014 and August 28, 2014, respectively.
The market price of the real estate in this case around January 23, 2014 is 62 million won.
[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, the result of the market price appraisal commission to appraiser F by this court, the purport of the whole pleadings
2. First of all, the Plaintiff’s claim against Defendant B, as stated in the proviso of Article 18-2(1) of the Housing Act, as to the Plaintiff’s claim that he/she primarily exercises the claim and the right to sell the date of service of the correction of the grounds for the claim, and the Plaintiff’s claim that he/she claims for sale on February 20, 2014, the evidence No. 1, No. 7, No. 9-1, No. 2, and No. 10 alone, until February 22, 2014, when the Plaintiff exercised the right to sell.