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(영문) 수원지방법원성남지원 2016.08.11 2015가합202878
소유권이전등기
Text

1. The plaintiff shall make a deposit as shown in the attached Form 1, and shall pay KRW 4,219,037,480 to the defendant at the same time, and the defendant shall be the defendant.

Reasons

1. Basic facts

A. On September 5, 2008, the Governor of the Gyeonggi-do determined and publicly announced an urban management plan (Class 1 district unit planning zone) concerning E or F districts, including G-si and 34,493 square meters (D block) for 14,000 square meters (hereinafter “instant district unit planning plan”).

(2) On December 3, 2014, the Plaintiff filed an application for approval of a housing construction project plan with respect to a housing construction project that constructs apartment units and ancillary welfare facilities on the D block (hereinafter “instant project”). On December 17, 2014, the Plaintiff obtained approval of the housing construction project plan with the Plaintiff as the project implementer from the Gwangju City Mayor (hereinafter “instant project plan approval”). The Gwangju City Mayor announced it as G on December 17, 2014.

B. The Defendant, who acquired the Defendant’s land ownership, completed the registration of ownership transfer on March 15, 2002 with respect to the land of Gwangju City located in the instant business area.

C. (1) On January 28, 2015, the Plaintiff: (a) on January 28, 2015, the part in the attached Table 2 of the Plaintiff’s land owned by the Defendant in Gwangju-si (hereinafter “instant real estate”).

(2) On March 3, 2015 and March 30, 2015, the Plaintiff sent to the Defendant a certificate of content that he/she notified that he/she is subject to the claim for sale under the Housing Act, and requested the sale and purchase consultation on the instant real estate, and that the said certificate reaches the Defendant around that time.

3. On May 7, 2015, the Plaintiff filed the instant lawsuit against the Defendant to exercise the right to demand sale of the instant real estate pursuant to Article 18-2(1) of the Housing Act, and the duplicate of the complaint to the Defendant on May 14, 2015.

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