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(영문) 창원지방법원 2018.11.08 2018가합50539
소유권이전등기
Text

1. The defendant shall receive KRW 2,752,756,00 from the plaintiff and at the same time shall indicate the attached real estate in the plaintiff.

Reasons

1. Basic facts and relevant regulations;

A. On March 26, 2018, the Plaintiff is a regional housing association that obtained approval of a project plan for a housing construction project (hereinafter “instant project”) with the following content from the Kimhae market:

On March 30, 2018, the Kimhae-si announced the approval of the above business plan.

Site Location: 82,282 square meters in case of Kimhae-si and 247 lot area:

B. Since the approval of the instant project plan, there was a change in the lot number and size in the process of dividing the land division boundary line, and due to this, the Kimhae market approved the change in the instant project plan with the following contents on July 25, 2018.

Site Location: 82,267 square meters in case of Kimhae-si and 220 square meters in case of the site area.

C. The Defendant owned the land indicated in the separate sheet Nos. 1, 3, and 4 in the project site of this case after completing the registration of ownership transfer on December 18, 1981, and the registration of ownership transfer on the building of paragraph (2) on December 16, 202, until now after completing the registration of ownership preservation on the building of paragraph (2).

(hereinafter collectively referred to as “instant real estate”). D.

The provisions of the Housing Act relating to the instant case are as follows:

(1) A person who intends to obtain approval for a housing construction project plan pursuant to Article 15 (1) or (3) shall secure ownership in the relevant housing construction site.

Provided, That the same shall not apply to any of the following cases:

1. Title (excluding housing associations which implement a project jointly with a registered business operator pursuant to Article 5 (2)) to use at least 80 percent of the relevant site area of a housing construction project requiring the determination (including cases deemed pursuant to Article 19 (1) 5) of district-unit planning (hereinafter referred to as "district-unit planning") under Article 49 of the National Land Planning and Utilization Act;

(i) in the case of ownership of at least 95 percent; hereinafter the same shall apply in this Article, Articles 22 and 23).

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