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(영문) 울산지방법원 2015.02.12 2014가합16582

소유권이전등기

Text

1. The defendant shall receive KRW 991,430,60,00 from the plaintiff and at the same time real estate stated in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff filed an application with the Ulsan Metropolitan City Mayor for approval for the housing construction project plan (hereinafter “instant project”) with the content that constructs 11 units of privately-owned apartment units on the ground of the building of 49,860 square meters on the Nam-gu, Ulsan-gu and 286 lots of land (hereinafter “instant project site”).

B. The Ulsan Metropolitan City Mayor approved the said housing construction project plan on February 26, 2014 (hereinafter “approval”), and around that time, determined a single unit of 81,705 square meters (49,860 square meters in actual use, and infrastructure, including roads: 31,845 square meters in total) adjacent to the project site, including the instant project site, as a “C District Unit Planning Zone” and publicly notified the approval of the instant case on March 6, 2014, and publicly announced the purport of the decision of the district unit planning zone and topographical drawings.

C. On July 30, 2004, the Defendant completed the registration of ownership transfer with respect to the real estate listed in [Attachment 1] Paragraph (1), and on September 6, 2004, newly constructed the real estate listed in [Attachment 1] Paragraph (2) on the above real estate ground (hereinafter “each of the instant real estate”), and completed the registration of ownership transfer and owned it until the date of completion of the pleadings.

Among the instant project sites, 38,960 square meters are private land, and 10,900 square meters are state-owned and public land, and the Plaintiff secured the right to use 37,045 square meters out of the site area of 38,960 square meters, which is private land.

E. After the approval of the instant business plan, the Plaintiff continuously expressed his/her intent to purchase the instant real estate through a sales consultation. From March 20, 2014, the Plaintiff attempted to visit the Defendant’s house or purchase consultation by telephone, and sent a public notice expressing his/her intent to purchase each of the instant real estate by content-certified mail on April 1, 2014, but did not reach a sales consultation between the Plaintiff and the Defendant.

F. On April 16, 2014, the Plaintiff against the Defendant pursuant to Article 18-2 of the Housing Act.