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(영문) 부산지방법원 2014.12.12 2013가단91241
소유권이전등기 등
Text

1. The Plaintiff:

A. Defendant A shall receive KRW 143,430,00 from the Plaintiff and at the same time obtain a payment of KRW 143,430,000 from the Plaintiff.

Reasons

1. Basic facts

A. On April 12, 2013, the Plaintiff obtained approval from the head of Busan Metropolitan City for the construction project plan under Article 16(1) of the Housing Act with respect to the business of constructing multi-family housing (multi-family housing) with 14 Dong 1,335 units on the land (hereinafter “instant project site”) outside D and 504 lots (hereinafter “instant project site”), and the said approval was publicly announced on the same day.

B. On September 2, 2013, Defendant A acquired the ownership of the attached real estate (hereinafter “instant real estate”) contained in the instant project site, and on October 17, 2013, Defendant B completed the provisional registration of ownership transfer claim based on a sale promise (hereinafter “provisional registration”) on the 16th of the same month with respect to the instant real estate on October 17, 2013, and the provisional registration of ownership transfer claim based on a sale promise (hereinafter “provisional registration”). Defendant C completed the registration of ownership transfer (hereinafter “each of the instant collective security rights,” including Defendant B and C’s collective security right, with the maximum debt amount of KRW 200 million on the same day.

C. On June 10, 2014, pursuant to Article 18-2(2) of the Housing Act, the Plaintiff filed an application for change of the purport of claim and the cause of claim seeking the sale of the instant real estate with Defendant A, and the duplicate of the said application was served on Defendant A on the same day.

The market price of the instant real estate around January 24, 2014 is KRW 143,430,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4, and 8, the result of a request for market price appraisal of appraiser E by this court, the purport of the whole pleadings

2. The fact that the Plaintiff, a project proprietor who obtained approval for the housing construction project plan under the Housing Act for Defendant A, exercised the right to sell the instant real estate by serving the Defendant A’s claim and a copy of the application for correction of the cause of the claim on June 10, 2014, as seen earlier. If the Plaintiff’s claim for sale of the instant real estate was made together with the purport of the entire pleadings in each of the descriptions as set forth in the evidence No. 9, evidence No. 10-1, and evidence No. 10-2, then the Plaintiff’s claim for sale by June 10, 2014.

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