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(영문) 창원지방법원 2018.08.16 2017가합53111
부동산매도
Text

1. The Defendants, the Defendant (Appointeds) and the designated parties are described respectively by the Plaintiff in the “sale Price” column in attached Table 1.

Reasons

1. Basic facts

A. On April 12, 2016, the Plaintiff was a regional housing association established by obtaining authorization for the establishment under the Housing Act from the Kimhae-si, Kimhae-si, and 261 parcel of land (hereinafter “instant project site”) from the Kimhae-si as a prospective housing construction site. On June 16, 2017, the Plaintiff obtained the approval of the project plan for the housing construction project (hereinafter “instant project approval”) to build a collective housing in the instant project site (hereinafter “instant housing construction project”). The Kimhae-si announced the instant project approval on the same day.

B. The Defendants are owners of each of the pertinent real estate listed in the separate sheet No. 1 in the business site of this case (hereinafter referred to as “each of the instant real estate”; and when they refer to individual real estate, for example, the real estate listed in the separate sheet No. 1 in the separate sheet No. 1 is referred to as “the instant real estate No. 1”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including virtual number) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff exercised the right to demand sale under Article 22 (1) of the Housing Act against the defendants who own each of the instant real estate within the business site of this case, and thus the contract between the plaintiff and the defendants on each of the instant real estate was established. Thus, the defendants asserted that the plaintiff has a duty to implement the procedure for the registration of ownership transfer and deliver each of the instant real estate to the plaintiff, since the plaintiff is simultaneously obligated to pay the purchase price from the plaintiff (Provided, That the defendant D succeeds to the status of the landlord when the plaintiff acquired the ownership of the instant real estate of this case, and bears the duty to return the lease deposit to the tenant. Thus, the plaintiff is obligated to pay the lease deposit amount of KRW 55,00,000,

(b).

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