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(영문) 전주지방법원정읍지원 2017.11.30 2017가단2081
소유권이전등기
Text

1. The Defendants shall receive money from the Plaintiff as stated in the attached list of the Defendant’s purchase price.

Reasons

1. Basic facts

A. On December 22, 2016, the Plaintiff obtained approval of a housing construction project plan (hereinafter “instant project”) pursuant to Article 15 of the Housing Act regarding neighboring land, including each real estate indicated in the attached list as real estate (hereinafter “instant real estate”).

Attached Form

The land (F) listed in paragraph (2) of the list is divided from the G land in the Jeonbuk-gun, the land at the time of approval of the party housing construction project plan.

B. Defendant B is the owner of 6/273 shares among the instant real estate, and the remaining Defendants are the owners of 4/273 shares among the said real estate.

C. On June 22, 2017, the Plaintiff secured the right to use more than 95% of the housing construction site area for the instant project.

[Grounds for recognition as Defendant D] Article 208(3)3 (Decision by Service by Public Notice) of the Civil Procedure Act (based on recognition as to the Defendants) does not dispute, entry in Gap evidence 1, 2, and 8 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. Legal doctrine Article 18-2(1) of the Housing Act provides that “A project operator who has obtained approval of a project plan pursuant to Article 16(4)1 may request the owner of a site that fails to secure the title to use (including a building) among the relevant housing construction sites to sell the site at the market price. In such cases, a consultation shall be held with the owner of the site subject to a claim for sale for sale for at least three months before filing a claim for sale.” Since consultation does not impose any restriction on the method or time limit of consultation, such consultation may only be conducted after filing a lawsuit claiming a right to sell, and it may also be conducted through conciliation procedures progress in the course of litigation as it is unclear inside and outside the litigation procedures.

In addition, the above "consultation" refers to specific and substantial consultation, and whether such consultation requirements are satisfied.

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