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(영문) 창원지방법원 2018.11.16 2018가단101645
소유권이전등기
Text

1. The defendant shall receive KRW 158,457,90 from the plaintiff and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On April 3, 2017, the Plaintiff is a regional housing association that was established with the authorization of the establishment under the Housing Act by making the land of Kimhae-si and 220 lots (hereinafter “instant project site”) from the Kimhae-si market as a prospective housing construction site.

On March 26, 2018, the Plaintiff obtained approval of a project plan for a housing construction project (hereinafter referred to as “instant housing construction project approval”) to build apartment houses (hereinafter referred to as “instant housing construction project”) from the Kimhae market on the instant project site, and publicly notified the approval of the instant project plan on March 30, 2018.

B. The Defendant is the owner of the real estate listed in the separate sheet in the instant project site (hereinafter “instant real estate”).

C. The housing construction site area of the instant project site (referring only to the area incorporated into a housing site excluding road area, buffer green belt area, etc.) is 70,575 square meters in private land and 11,692 square meters in State-owned and public land, 82,267 square meters in total.

The Plaintiff, among private land, secured the right to use 66,584.9 square meters of private land (hereinafter “private land of this case”) and 11,692 square meters of state-owned and public land (hereinafter “State-owned and public land of this case”), and, individually, secured the right to use the state-owned land of this case and “public land of this case” (hereinafter “public land of this case”).

[Reasons for Recognition] Facts without dispute, Gap 1 to 8, 11, and 12 (including partial numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff: (a) secured the right to use the pertinent real estate located in the area of 95.15% of the total housing construction site; and (b) exercised the right to sell the instant real estate under Article 22(1) of the Housing Act to the Defendant, the owner of the instant real estate located in the instant project site; and (c) concluded a sales contract on the instant real estate between the Plaintiff and the Defendant; (d) at the same time, the Defendant received the payment from

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