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(영문) 광주지방법원 2020.04.23 2019나59720
소유권이전등기
Text

1.The judgment of the first instance shall be modified as follows:

The defendant on the real estate stated in the attached list to the plaintiff on 2019.

Reasons

1. The reasoning for this part of the facts of recognition is as follows: (a) the reasoning of the judgment of the court of first instance is that the part in this part is identical to the corresponding part, except that the “Seoul-gu, Gwangju-gu, 489m2, and 51m2,” written in paragraph (b) of Article 1 of the reasoning of the judgment of the court of first instance, stating “, 38m2,000m2,00,000,000,000 square meters,

2. The details of the relevant Acts and subordinate statutes are as shown in Appendix 2;

3. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The Plaintiff secured the right to use at least 95% of the instant project site and requested the Defendant to purchase the instant real estate for at least three months after obtaining the approval of the instant project plan. The Plaintiff exercised the right to sell the instant real estate on October 23, 2018 and deposited the purchase price with the Defendant by serving a copy of the application for change of the purpose of the claim and the cause of the claim. Accordingly, the Plaintiff was obligated to implement the procedure for transfer of ownership on the ground of sale on the date of serving the copy of the application for change on the instant real estate on the following grounds: (a) The Defendant did not meet the requirements for the Plaintiff’s claim on the ground of sale claim under Article 22(1) of the Housing Act on the following grounds; (b) the size of the land secured by the Plaintiff out of the project site 11,297 square meters x 10,572.06 square meters x 287 square meters of the land size of the instant housing construction site; and (c).

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