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(영문) 전주지방법원 2015.12.09 2014구합2635
분양전환 승인거부처분 취소
Text

1. On July 31, 2014, an application for approval for conversion to sale in lots filed by the Defendant to the Plaintiff (Appointed Party) and the designated parties.

Reasons

1. Details of the disposition;

A. On September 9, 2002, the Do Free Construction Co., Ltd. (hereinafter “Do Free Construction”) entered into a sales contract with the Governor of Jeollabuk-do, on a designated purpose as a multi-unit housing site for the 32,541.2 square meters (hereinafter “instant housing site”) located in the Jeonju-gun, Jeonju-gun, located in the B complex developed and created by the Korea Land Corporation from the Korea Land Corporation. In order to newly construct 9 apartment units of 592 households of 15th underground floors (hereinafter “instant apartment units”), the said land obtained approval from the Governor of Jeollabuk-do on June 30, 2004 for the housing construction plan under Article 16 of the Housing Act.

B. On September 2005, Boak Construction Co., Ltd. (hereinafter “ Boak Construction”) entered into a housing construction project agreement with the purport of succeeding to all rights and duties related to the instant apartment construction project from the Dodae comprehensive construction. On September 13, 2005, the construction company entered into a contract with the Korea Land Corporation, the Dodae comprehensive construction division, and the purchaser’s status under the sales contract with respect to the instant housing site, and completed the registration of transfer of ownership in the name of Boak Construction on the instant housing site on the same day.

C. As to the 25 square-type 172 apartment units among the apartment units in the instant case, the construction completed the instant apartment units in the instant housing site with the funding of the National Housing Fund of KRW 52,100,000 per each household as to the 31.8 square-type 172 households, and 35 square-type 420 households, with the funding of the National Housing Fund of KRW 5,210,000 per household. On August 20, 2007, the Defendant obtained approval for use from the Defendant, and completed the registration of the preservation of ownership in the name of

The construction on July 4, 2007, after obtaining a notice of announcement from the Defendant for housing supply, sold the apartment of this case, but from May 2008, only 59 households (25 square-type 5 households, 35 square-type 54 households) out of total of 592 households until May 2008, as the apartment of this case was sold, only 59 households (25 square-type 5 households, 35 square-type 54 households) have sold the remaining 533 households which have not been sold.

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