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(영문) 부산지방법원 2016.05.27 2015가단72008
소유권이전등기말소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence of 1 to 4, 12, and Eul evidence of 1 to 3 (including the branch numbers if any).

Defendant AK industry development is a project operator who has implemented a project to build multi-family housing (hereinafter referred to as “instant project”), which is a project operator who has completed the registration of ownership transfer on June 17, 1989 with respect to each real estate listed in the separate sheet in the instant project site (hereinafter referred to as “instant real estate”).

B. On April 12, 2013, Defendant AK Industry Development obtained approval of the instant project plan from the Busan Metropolitan City Mayor, and filed a lawsuit seeking the right to demand sale under Article 18-2 of the Housing Act and the implementation of the procedure for ownership transfer registration (hereinafter “instant claim for sale”) with respect to the instant real estate by asserting that Busan District Court 2013Da3854 had secured a right to use more than 95% of the site area within the instant project site against the Plaintiff.

C. In the process of the instant claim for sale, the decision to recommend settlement (hereinafter “the decision to recommend settlement of this case”) that “the Plaintiff, on July 15, 2013, performed the procedure for the registration of ownership transfer on the instant real estate to Defendant AK Industrial Development for sale (hereinafter “the instant real estate”), and deliver the instant real estate,” became final and conclusive without both parties’ objection.

Accordingly, Defendant A case development notified the Plaintiff of the receipt of the appraised value of KRW 146,539,940 as the purchase price of the instant real estate after undergoing the market price appraisal procedure, and the Plaintiff’s refusal to receive the said amount, thereby constituting “instant deposit money” as the Plaintiff’s KRW 8862, Oct. 30, 2013, 2013, which was KRW 146,539,940, supra.

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