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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The summary of the assertion on the cause of the claim is a company that runs the housing construction business as a business, and carries out the business of constructing a new housing complex building with 35 stories above ground and 4 stories below ground on the ground of 8,725.50 square meters above Daegu Suwon-gu D Mangwon (hereinafter “instant business”).
In the above business zone, an aggregate building consisting of a total of 110 sections for exclusive use, and an apartment complex in Daegu-gu E apartment complex (hereinafter “instant apartment complex”) is located. The council of occupants’ representatives of the instant apartment complex, which was entrusted by each sectional owner, decided to sell the instant apartment complex to the Plaintiff company by determining the sales price per household as KRW 320,000 on August 2015, and then the sales contract was concluded between the Plaintiff and each sectional owner with regard to each of the relevant households, with the sales price of KRW 320,000,000.
Therefore, the Plaintiff, against the Defendants, who shared 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “instant real estate”) according to the above sales contract, was paid KRW 160,000,000 for each purchase price (i.e., KRW 320,000 x 1/2), and at the same time, demanded that the Plaintiff implement the procedure for ownership transfer registration based on the sales contract and deliver the instant real estate to the Plaintiff.
In addition, pursuant to Article 22 of the Housing Act, the Plaintiff may claim against the Defendants, who jointly owned one-half shares of each of the instant real estate as the owner of the land in the pertinent project zone, to sell the land owned by the Defendants at the market price. Thus, the Plaintiff may demand from the Defendants for selective payment of KRW 160,000,000 (=320,000,000 x 1/2), each of which is an amount equivalent to the market price, with the purchase price paid from the Plaintiff (=320,000 x 1/2). At the same time, the Plaintiff shall implement the registration procedure for transfer of ownership based on
2. Determination
(a) A 1 to .