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(영문) 부산지방법원 2016. 10. 7. 선고 2016가단313317 판결

소유권이전등기

Cases

2016da3317 Registration of transfer of ownership

Plaintiff

A Regional Housing Association

Defendant

B

Conclusion of Pleadings

September 2, 2016

Imposition of Judgment

October 7, 2016

Text

1. The Defendant shall receive KRW 3,394,00 from the Plaintiff at the same time, and simultaneously implement the procedure for the registration of transfer of ownership on September 2, 2016 with respect to the real estate indicated in the separate sheet to the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Indication of claims: To describe the causes of claims in attached Form and the amended causes of claims as follows; and

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

Judges

Judge Quack

Site of separate sheet

Grounds for Claim

1. The status of the plaintiff association and the defendant

The Plaintiff Union shall hold an inaugural general meeting on September 23, 2013 to implement a regional housing improvement project of 25,414.9 square meters in Dong-gu Busan Metropolitan City, Dong-gu, Busan Metropolitan City, and obtain authorization for the establishment of the Association from the head of the Dong-gu Busan Metropolitan City (referring to the certificate of establishment authorization for the Association No. 1) on May 12, 2014, and thereafter obtain approval for the establishment of the association from the owners equivalent to at least 95/100 of the area of the housing construction site, thereby completing the registration of ownership transfer due to sale from the owners (referring to the certificate of establishment authorization for the Association No. 1), and obtain approval for the establishment from the head of the Gu around February 26, 2016 (see the certificate

The Defendant unilaterally rejected the Plaintiff’s request for an agreement on sale of real estate over several occasions in the attached Form No. 3, and the Plaintiff’s association’s several parcels of real estate.

2. The plaintiff's right to demand sale and the defendant's duty to implement the procedure for ownership transfer registration;

Before the date of authorization for the establishment of the Plaintiff Union, the Plaintiff Union conducted a procedure for purchasing the instant real estate owned by the Defendant before the date of authorization for the establishment of the association. It has not been found until now because it is considerably difficult to confirm the location of the Defendant. (Although the copy of the instant real estate register and the land register contain the Defendant’s name and address, all official documents sent out to the address indicated on the above public register were returned, and in fact there is no way to know the Defendant’s present address, and thus, the Plaintiff Union attempted to identify the Defendant’s accurate personal information through an application for a fact-finding, etc.). Accordingly, around March 24, 2016, the Plaintiff Union issued a request for a purchase request to purchase the instant real estate subject to a claim for sale to the Defendant (i.e., the officially announced land value: 30,000 won: 120%) with the intention to purchase the instant real estate: 20 square meters X: 20%, and 28th of the above domestic delivery request (see Article 48 of the above domestic delivery request).

The Supreme Court of Korea regarding Article 18-2 (1) of the Housing Act (Article 16 (4) 1)

A project operator who has obtained approval may request the owner of a site (including a building) for which he/she has failed to secure a title to use the site among the relevant housing construction sites to sell the site at the market price.In such cases, the project operator shall make a consultation for at least three months with the owner of the site subject to a request for sale before making a request for sale, and no restrictions are imposed on the method of consultation or time limit, etc., so the consultation may be made even after filing a lawsuit claiming a right to sell. As such, the consultation may not be made after the lawsuit is brought against the owner of the site subject to a request for sale, and it shall be deemed that the project operator who has obtained approval for a project plan under Article 18-3 of the Housing Act provides that the project operator shall make a public announcement in a daily newspaper at least twice, and shall be deemed to be subject to a request for sale under Article 8-2 if it is substantially impracticable to confirm the location of the site which he/she has failed to secure a title to use among the relevant housing construction sites through a procedure for sale.

Therefore, the Plaintiff Union intends to seek the implementation of the procedure for the registration of ownership transfer based on the right to request sale on the real estate in this case owned by the Defendant by applying for the market price appraisal of the real estate in this case and holding consultations once as the result of the appraisal is generated.

3. Conclusion

As seen above, the defendant, who is the tenant of the real estate in this case subject to a claim for sale under the Housing Act, has a duty to implement the registration procedure for ownership transfer on the real estate in the attached Form to the plaintiff association for the reason of the sale on the date of delivery of the copy

Change in Claim Grounds

1. Completion of appraisal and assessment;

According to the appraisal conducted by the Plaintiff, since the total market value of the instant real estate owned by the Defendant is KRW 3,394,00,000, the Plaintiff determined the above appraised value as the purchase price and determined it to the Defendant.

I, at the same time, receive the application for the registration of ownership transfer based on the date of service of the modification of the purport and cause of this case.

2. The claims other than those of the above 1. Paragraph 1 maintain the previous arguments.

Indication of Real Estate

Busan Metropolitan City Dongdong-gu D. 2m2m2-ma