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(영문) 대구지방법원 2019.08.22 2018가합203191
소유권이전등기
Text

1. The Defendants receive from the Plaintiff each corresponding amount of money indicated in the “sale Price” column of the attached Table 1 sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff is a regional housing association established to carry out a housing construction project for the Jung-gu Daegu Jung-gu JJ.

On October 13, 2015, the Plaintiff obtained authorization to establish an association from the head of the Daegu Metropolitan City, which was approved by the head of the Gu on December 28, 2017, with respect to the housing construction project (hereinafter “instant project”) that newly constructs an apartment unit of 614 households on the ground of the JJ of Daegu-gu (hereinafter “instant project site”) from the Daegu Metropolitan City Mayor on December 28, 2017.

B. The deceased K (the family relation certificate, etc. is indicated as “L”; hereinafter “the deceased”) was the owner of 142 square meters in Daegu-gu, Daegu-gu (hereinafter “instant land”) located in the instant project site. The deceased on May 27, 1973, and the heir was the Defendants.

C. While securing the right to use the instant land more than 95%, the Plaintiff exercised the right to claim sale under Article 22(1) of the Housing Act against the Defendants by serving a copy of the application for change of the purport of the claim and the cause of the claim as of April 22, 2019. The above duplicate was served on Defendant B, C, D, and E on April 29, 2019, respectively, and Defendant F, G, and H came into force on May 9, 2019.

The market price at the time of November 5, 2018 is KRW 222,08,00.

[Ground of recognition] Defendant B, C, D, and E: In the absence of dispute, each entry of Gap evidence Nos. 1, 4, 6, 7, and Eul evidence Nos. 1, 4, 5, and 6 (including the number of branch numbers), and the result of this court’s entrustment of appraisal to the appraiser M Co., Ltd. by the appraiser of this court, the result of each inquiry to the head of the Daegu Metropolitan City in Daegu Metropolitan City in this Court, the purport of the entire pleadings, and the purport of the entire pleadings, G, and H: Decision by service by publication (Article 208(3)3 of the Civil Procedure Act)

2. Determination on the cause of the claim

A. 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 is a housing construction site.

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