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(영문) 울산지방법원 2019.07.16 2018가단62746
소유권이전등기
Text

1. The Defendants simultaneously with receiving KRW 325,142,100 from the Plaintiff, respectively, from the Plaintiff:

(a) Ulsan-gun D;

Reasons

1. Basic facts

A. The Plaintiff is a regional housing association that obtained authorization for establishment pursuant to the Housing Act from the head of Ulsan Metropolitan City on July 19, 2016 in order to construct a multi-family housing of 10 households on the ground of 39,394 square meters of land, other than the land in Ulsan-gun, Ulsan-gun, Ulsan-gun, and 154 square meters of land (hereinafter “instant project site”). The Defendants are owners of one-third shares of 712 square meters of land, each of which is located in Ulsan-gun, Ulsan-gun, Ulsan-gun, and Ulsan-gun, and the Defendants are owners of one-third shares of 712 square meters of land (hereinafter “instant land”).

B. On June 26, 2018, the Plaintiff secured the right to use more than 95% (95.67%) of the site area in the instant project site, and obtained approval from the Ulsan Metropolitan City Mayor in accordance with Article 15 of the Housing Act and Article 27 of the Enforcement Decree thereof.

C. The market value of the instant land as of September 20, 2018 is 6.50,284,200 won per square meter.

On December 28, 2018, in the course of the instant lawsuit, the Plaintiff presented to the Defendants a conclusive amount of money as to the instant land in the application form for modification of the purport and cause of the claim that the Plaintiff received in this court, and expressed the intent to request sale. On the same day, the application form reached the Defendants on the same day.

[Reasons for Recognition] Cleared Facts on records, non-contentious facts, entry of Gap evidence 1 through 21 (including paper numbers), the result of the commission of appraisal to F by this Court, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff had obtained the approval of the instant project plan and agreed on the purchase of the instant real estate between the Defendants and the Defendants for at least three months, but no agreement was reached, and thus, the Defendants exercised the Defendants’ right to demand sale under Article 22(1) of the Housing Act upon the application for change of the purport of the claim and the cause of the claim as of December 28, 2018. As such, the Defendants are obliged to implement the procedure for ownership transfer registration on the instant

B. The defendant's assertion is for not less than three months before the plaintiff filed a claim for sale with the defendants.

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