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(영문) 전주지방법원 2017.06.07 2016가단19734
소유권이전등기
Text

1. The Defendant received KRW 56,513,600 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a) real estate listed in the separate sheet;

Reasons

1. Facts of recognition;

A. On March 30, 2016, the Plaintiff obtained approval for the housing construction project plan from the Jeonju market (hereinafter “instant project approval”) on March 30, 2016 in order to promote the housing construction project on the ground of the site area of 12,009 square meters (hereinafter “instant project site”).

B. On March 30, 2012, the Defendant completed the registration of ownership transfer on the instant real estate by public sale on March 28, 2012.

C. The Plaintiff filed the instant lawsuit claiming that the Defendant would exercise the right to sell the instant business approval date on the sales day after acquiring ownership of 12,261 square meters of the instant project site, or obtaining the consent to use land, and subsequently claiming that the Defendant would exercise the right to sell the instant business approval date.

After the filing of the instant lawsuit after the approval for the instant business, the Plaintiff expressed his/her intent to exercise the right to demand sale by making an appraisal amount of KRW 56,513,600 on the fourth day for pleading of the instant case, where the Plaintiff requested the Defendant to negotiate on the sale of the instant real estate located within the instant project site from the date of filing the instant lawsuit to the Defendant, but failed to

E. On December 19, 2016, the market price of the instant real estate was KRW 56,513,600, near the time when the Plaintiff’s claim for sale was exercised.

[Ground of Recognition] Unsatisfy, Gap's statements in Gap's 1 to 3, 5 to 11 (including virtual numbers), appraiser G's appraisal results, the purport of the whole pleadings

2. The evidence revealed earlier reveals that the Plaintiff secured a right to use 12,261 square meters out of 12,887 square meters, excluding 1,475.2 square meters of state-owned and public land, from a total of 12,009 square meters of a housing site area and 14,353.2 square meters of an urban planning road, for which the Plaintiff had to exercise a right to sell under the Housing Act on the fourth date for pleading of this case before the said project plan was approved. According to the above facts of recognition, the Plaintiff is entitled to use 95.14% of the area of the housing construction site.

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