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(영문) 울산지방법원 2019.01.18 2017가단71170
소유권이전등기 등
Text

1. Plsan District Court 2018TTY 2018TY 1494 claims for the registration of ownership transfer with respect to real estate stated in the attached list;

Reasons

1. Facts of recognition;

A. On September 15, 2015, the Plaintiff: (a) obtained authorization to establish a housing association from the head of Ulsan Metropolitan City south-gu, Ulsan-gu, Seoul as a project site (hereinafter “instant project site”); and (b) obtained approval from the owners equivalent to at least 95% of the housing construction site area to complete the registration of ownership transfer due to sale; and (c) obtained approval for the project plan from the Ulsan Metropolitan City Mayor on November 16, 2017, by securing the right to use housing construction site under the Housing Act.

B. The Defendant owns the real estate indicated in the separate sheet located in the instant project site (hereinafter “instant real estate”).

C. On December 6, 2017, the Plaintiff sent a written request for purchase to the Defendant with the content of the written request for purchase. On December 8, 2017, the Plaintiff was also subject to telephone consultation on the receipt of the written request for purchase consultation and on the terms and conditions of sale. On January 3, 2018, after the instant lawsuit was brought, the Plaintiff did not directly meet the Defendant, but did not reach an agreement.

After filing the instant lawsuit on December 19, 2017, the Plaintiff filed an application for the market value appraisal of the instant real estate. Based on the modified purport of claim reflecting the results of appraisal, the Plaintiff was on June 4, 2018 and the same year.

8. 14. Each of the 14. 14. Then, each of the claims was submitted, and the service was requested to sell the real estate of this case at the market price.

E. The appraised value of the instant real estate as a result of the market appraisal commission is KRW 339,894,460.

F. Meanwhile, in the instant real estate, the Ulsan District Court Order 2018TTTTT 2018TTTT 1494, the seizure order for the right to claim the ownership transfer registration of real estate in the same court, the seizure order for the right to claim the ownership transfer registration of real estate in the same court, the seizure order for the right to claim the ownership transfer registration of real estate in the same court, and the registration based on the seizure order for the right to claim the ownership transfer registration of real estate in the same court has been completed.

[Reasons for Recognition] There is no dispute, Gap 1 to 1.

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