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(영문) 부산지방법원 2019.01.08 2017가단330883

소유권이전등기

Text

1. The Plaintiff:

A. Defendant B, while receiving KRW 273,921,120 from the Plaintiff, was included in the real estate listed in the attached Table 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a street housing maintenance and improvement project association established pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) for the purpose of promoting a street housing rearrangement project at the Busan Annual District D, and completed the registration of incorporation on November 30, 2016 after obtaining authorization for establishment from the head of Busan Annual District Office on November 17, 2016.

B. On October 14, 2015, the Defendants completed the registration of transfer of ownership on August 15, 2015 with respect to each of 9/10 shares in the case of Defendant B among the respective real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) located within the rearrangement project zone, and with respect to each of 1/10 shares in the case of Defendant C, each of the instant 1/10 shares.

C. On August 2, 2017, the Plaintiff sent to the Defendants a content-certified mail stating that “the Plaintiff is urged to agree to the establishment of an association and to participate in a street housing maintenance project,” but the content-certified mail did not reach the Defendants.

On October 16, 2017, the Plaintiff filed the instant lawsuit against the Defendants stating that “the Plaintiff shall exercise the right to demand sale of real estate in accordance with the former Urban Improvement Act, etc.” and subsequently filed the instant lawsuit against the Defendants.

The defendant C was served on October 20, 2017 with a copy of the complaint, and on December 4, 2017, the defendants did not answer two months after the lapse of two months from that time.

E. According to the appraiser E (hereinafter “appraisal”)’s appraisal result, the market price of real estate including development gains as of January 5, 2018 is KRW 360,356,80 in total. Of them, the market price of Defendant B’s share is KRW 324,321,120 in total (i.e., the market price of the building at KRW 252,428,400 in total). The market price of Defendant C’s share is KRW 36,035,680 in total (i.e., the market price of the building at KRW 28,98,00 in total).

F. Meanwhile, the former owner of real estate F on the other hand is the F.