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(영문) 서울서부지방법원 2016.07.15 2015가단218818
매도청구
Text

1. As to the real estate in the separate sheet No. 1 at the same time as the Plaintiff received KRW 228,00,000 from the Plaintiff, Defendant A shall be liable for the payment.

Reasons

On January 25, 2015, the owner of the sectional ownership of the Eunpyeong-gu Seoul Metropolitan Government Clux Housing passed a resolution to reconstruct the apartment house with the consent of 15 out of 18 persons, and the plaintiff was designated as the purchaser.

On March 5, 2015, the Plaintiff issued a peremptory notice to ask the Defendants, who are sectional owners of each real estate listed in the separate sheet among the above row housing, to whether they participate in reconstruction by means of content-certified mail. A peremptory notice was given to exercise the right to demand sale by serving a copy of the instant complaint, the purport of the claim, and the application for the change

(Reasons for Recognition: Facts without dispute, Gap 1 or 11, and the purport of the entire pleadings). According to the above facts, a sales contract was concluded between the plaintiff and the defendants on May 24, 2016, for which two months have passed since the Defendants received a peremptory notice to ask the plaintiff to participate in reconstruction, and the application for change of the purport of the claim and the cause of the claim, which the Plaintiff exercised the right to demand sale, was served on May 7, 2016.

The Defendants asserted that the Defendants were unlawfully taking advantage of the aforementioned projects while implementing a reconstruction project for the above apartment house through the U.S. Solar (E. ELS Co., Ltd.). However, there is no evidence to acknowledge this, and it cannot be said that the Plaintiff’s claim for sale has no validity on the sole basis of such assertion.

According to the results of the market appraisal commission, the market price of the attached Table 1 real estate is 228,00,000 won and the market price of the attached Table 2 real estate is 226,00,000.

Therefore, the Defendants are obliged to take the procedure of ownership transfer registration on May 24, 2016 with respect to the real estate listed in the separate sheet at the same time with the payment of each of the above money and to deliver it to each of them.

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