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1. The Plaintiff connects each point of the separate sheet No. 2, 3, 8, 9, 10, 12, and 2, among the land size of 142 square meters in Seo-gu, Gwangju.
Reasons
1. Basic facts
A. The Plaintiff is a regional housing association that obtained approval for its establishment from the competent authority under the Housing Act and obtained approval for its business plan from the head of Gwangju Metropolitan City on July 6, 2018 (hereinafter “instant project”).
For the instant project, the Plaintiff secured the right to use more than 95% of the housing construction site.
B. The Defendants are those holding 3/18 shares in relation to 142 square meters in Seo-gu, Seo-gu, Seo-gu, Gwangju. Of the 142 square meters in Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju, the part of 93 square meters in the ship (A) that connects each point of 2, 3, 8, 9, 10, 12, and 2 are included in the Plaintiff’s business site.
C. As of November 9, 2018, the instant real estate was assessed as KRW 1,440,000 per square meter. On May 14, 2019, the Plaintiff deposited each of the Defendants’ respective KRW 22,320,000 (=1,440,000 square meter x 93 square meter x 3/18 equity) in cash.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 7-1 to 3, the result of appraiser G’s appraisal, the result of appraiser H’s survey and appraisal, the purport of the whole pleadings
2. According to Article 22 of the Housing Act, a project operator who has obtained approval of a project plan pursuant to Article 21(1)1 of the Housing Act may, if he/she secures a right to use more than 95% of the area of the relevant housing construction site, file a claim with all owners of the relevant site who have failed to secure a right to use the site at the market price. In such cases, he/she shall hold a consultation with the owner of the site subject to such claim for sale for at least three months
In addition, Article 22 of the Housing Act only requires the prior consultation for a period of not less than three months after the approval of the project plan and does not impose any restrictions on the method or time limit, and such consultation asserts the right by the exercise of the right to demand sale.