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(영문) 대구지방법원 2018.07.18 2017가단110165
소유권이전등기
Text

1. The Defendants shall receive KRW 103,910,490, respectively, from the Plaintiff at the same time, and shall be attached Table to the Plaintiff.

Reasons

1. Facts of recognition;

A. As prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Plaintiff is a housing reconstruction and rearrangement project association established for the purpose of implementing a housing reconstruction and rearrangement project to remove old and inferior existing buildings located within the area of 59,673.80 square meters in Daegu-gu, Daegu-gu, and to newly build apartment 1,069 households and neighborhood living facilities on the ground. The Defendants are co-owners of the real estate listed in attached Table B (hereinafter “instant real estate”).

B. On October 28, 2016, the Plaintiff obtained authorization for the establishment of an association from the head of Daegu Metropolitan City, the head of the Gu, and completed the establishment registration on October 31, 2016.

C. The Defendants were those who did not consent to the establishment of the association. On January 26, 2017, the Plaintiff notified the Defendants as to whether they consented to the establishment of the association by content-certified mail. The Defendants’ peremptory notice against each of the aforementioned Defendants was sent respectively to the Defendants on March 14, 2017.

The defendants did not answer to whether they will participate in reconstruction within two months from the date of receipt of the above peremptory notice.

E. While filing the instant lawsuit, the Plaintiff filed a claim for sale with the Defendants as to each of the instant real estate shares.

F. The market price equivalent to the instant real estate (as of May 15, 2017) is KRW 207,820,980.

[Ground of Recognition] The absence of dispute, entry in Gap evidence 1 through 8 (including all of the branch numbers), the result of the appraisal commission to the Daegu and Chungcheongnam-do branch office (F), the purport of the entire pleadings

2. According to the facts of the determination on the cause of the claim, the Plaintiff and the Defendants concluded a sales contract on May 15, 2017 due to the Plaintiff’s exercise of the Plaintiff’s right to demand sale, and the Defendants received payment from the Plaintiff for KRW 103,910,490 (=207,820,980 x 1/2) equivalent to the market price at the time of each of their respective shares (=207,820,980 x 1/2).

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