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(영문) 대구지방법원 2019.12.12 2019가단107910
소유권이전등기
Text

1. The Defendant received KRW 671,821,330 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a)each entry in the separate sheet;

Reasons

1. Basic facts

A. The Plaintiff acquired approval of a project plan for the Plaintiff’s housing construction project 1) The Plaintiff is 20,063.9 square meters of Daegu Suwon-gu and 140 square meters (hereinafter “instant housing construction site”).

A) The housing construction project plan with a scale of 468 units on the ground (hereinafter “instant project plan”)

(2) On February 28, 2019, the Daegu Metropolitan City Mayor approved the application pursuant to the provisions of Article 15 of the Housing Act, Article 27 of the Enforcement Decree of the same Act, and Articles 12 and 13 of the Enforcement Rule of the same Act. (2) On February 28, 2019, the Daegu Metropolitan City Mayor determined the adjacent 23,965 square meters, including the instant housing construction site, as the “Ddong Housing District Unit Planning Zone” and announced the approval of the instant project plan, as well as publicly announced the purport of the decision of the district unit planning zone and topographical drawings.

3) The Plaintiff began to purchase the instant housing construction site prior to obtaining approval of the instant project plan, and acquired ownership of 19,065.7 square meters of the instant housing construction site from 20,063,9 square meters, or secured a license fee, thereby securing the right to use the site equivalent to 95.02% of the total housing construction site area. (B) The Defendant acquired the Defendant’s real estate ownership and the right to create mortgage on each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) that is included in the instant housing construction site and completed the registration of ownership transfer on July 9, 204 after purchasing each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

2. On the other hand, with respect to each of the instant real estates, the joint creation of a mortgage, which is established by the contract on August 24, 2010, against the debtor, the defendant, the mortgagee, the E-mortgage, the maximum debt amount of which is KRW 45,50,00,00, and the grounds for registration as of August 24, 2010, the joint creation of a mortgage, which is established by the contract on July 21, 201, is completed as of August 24, 201, by the debtor, the joint creation of a mortgage, which is established by the contract on July 21, 201, with the debtor as of July 21, 201.

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