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(영문) 울산지방법원 2019.10.10 2019나11210

소유권이전등기 등

Text

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

The defendant shall receive 339,894,460 won 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 (Ulsan-gu E large 162 square meters) and the real estate listed in paragraph (3) of the attached Table 1 (Ulsan-gu E large 6 square meters) was divided into the real estate listed in paragraph (1) of the attached Table 1 (Ulsan-gu E large 6 square meters)

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. On December 8, 2017, the Plaintiff was also subject to telephone consultation on the receipt of the written request for purchase consultation and on the terms and conditions of sale. On January 3, 2018, after the instant lawsuit was brought, the Plaintiff did not directly meet the Defendant, but did not reach an agreement.

On December 19, 2017, the Plaintiff filed an application for the market value appraisal of each of the instant real estate after filing the instant lawsuit. Based on the modified purport of claim reflecting the results of appraisal, the Plaintiff was on June 4, 2018 and the same year.

8. 14. Each of the 14. 14. Then, each of the claims was submitted, and the service was requested to sell each of the instant real estate at the market price.

E. The appraised value of each of the instant real estate as a result of the market appraisal commission is KRW 339,894,460.

F. Meanwhile, the creditors of the plaintiff received the order of seizure and provisional seizure as stated in the separate sheet No. 2 as to the plaintiff's right to claim ownership transfer registration of each of the instant real estate against the defendant, and each of the above orders of seizure and provisional seizure was notified to the defendant who is the garnishee.

[Reasons for Recognition]

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