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(영문) 대구지방법원 2018.01.11 2017가단110004

소유권이전등기

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1. The defendant shall receive KRW 5,200,000 from the plaintiff at the same time, and at the same time the plaintiff shall be five square meters of the Daegu-gu D road.

Reasons

1. Facts of recognition;

A. The Plaintiff obtained authorization to establish a housing reconstruction project on October 28, 2016 with the approval of the head of Daegu-gu Seoul Metropolitan City Head of the Si/Gun/Gu on October 31, 2016 to implement a housing reconstruction project on the land of 59,673.80 square meters of land in Daegu-gu E-gu, Daegu-gu.

B. The Defendant owns five square meters of the land located within the said rearrangement project zone (hereinafter “instant real estate”), and the said land belongs to an area which is not a housing complex, and the Defendant did not consent to the establishment of the association.

Accordingly, on January 26, 2017 and February 21, 2017, the Plaintiff sent a peremptory notice to the Defendant as to whether the Plaintiff consented to the establishment of the association by mail after the establishment of the association was registered, but the Plaintiff was not served on the Defendant due to the absence of closure.

C. The Plaintiff notified the Defendant of whether to participate in rebuilding as the instant complaint, and the Defendant was served with the written complaint on May 10, 2017, but did not reply within two months thereafter.

On the other hand, the market price of the instant real estate as of July 11, 2017, which was the day following the expiration of the maximum period of two months from the date of service of the complaint, is 5,200,000 won including development gains.

[Reasons for Recognition] Descriptions A to 8 (including additional numbers), the result of the appraisal commission to appraiser F by this court, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant, upon receiving KRW 5,200,000 from the Plaintiff, upon receiving a claim for sale from the Plaintiff, is obligated to implement the registration procedure for transfer of ownership on July 11, 2017 with respect to the instant real estate.

(b) It is so decided as per Disposition for more than one reason.