소유권이전등기
1. The defendant is paid KRW 307,408,570 from the plaintiff and at the same time real estate stated in the attached list to the plaintiff.
1. Basic facts, relevant statutes, etc.;
A. On May 21, 2013, the Plaintiff was established with the “Housing Construction Business” as a target business.
B. The Plaintiff filed an application with the Ulsan Metropolitan City Mayor for approval of the housing construction project plan (hereinafter “project in this case”) that constructs 11 units of privately-owned apartment units on the ground of the area of 49,860 square meters on the Nam-gu, Ulsan-gu, and 286 parcel of land (hereinafter “instant project site”).
C. The Ulsan Metropolitan City Mayor approved the said housing construction project plan on February 26, 2014 (hereinafter referred to as the “approval”), and around that time determined a single unit planning zone of 81,705 square meters adjacent to the site of the instant project, including the instant project site, as a district unit planning zone, and publicly notified the approval of the instant case on March 6, 2014, and publicly announced the purport of the district unit planning zone decision and topographical drawings.
Since the Defendant acquired each real estate listed in the separate sheet on April 27, 1985 (hereinafter referred to as the “instant real estate”), it has been owned by the Defendant.
(e)the relevant provisions, including the Housing Act, concerning the approval of the housing construction project plan and the request for sale by the project undertaker are as shown in Appendix 2;
[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-2, the purport of the whole pleadings
2. The assertion and judgment
A. (1) Whether the Plaintiff’s claim for sale is established or not (A) the Plaintiff obtained approval for the instant project and secured the right to use more than 95% of the instant project site. (2) The Plaintiff was conducting negotiations on the sale of the instant real estate for three months since the commencement of prior negotiations, such as notifying the Defendant of the commencement of compensation consultation on the instant real estate.
3) The Plaintiff may exercise the right to claim the sale of the instant real estate against the Defendant pursuant to Article 18-2 of the Housing Act at the time of the lapse of at least three months after the commencement of the said negotiations. (B) The Plaintiff is entitled to use more than 95% of the instant project site.