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(영문) 울산지방법원 2018.11.13 2017가단71194
소유권이전등기
Text

1. The Plaintiff:

A. Defendant B shall receive KRW 118,00,000 from the Plaintiff and at the same time enter in the attached list (1).

Reasons

1. Basic facts

A. On September 15, 2015, the Plaintiff: (a) obtained authorization to establish a housing association from the head of Ulsan Metropolitan City south-gu, Ulsan Metropolitan City; (b) purchased the relevant land from the owners corresponding to at least 95% of the housing site area; and (c) obtained the approval to use the housing site under the Housing Act from the Ulsan Metropolitan City Mayor on November 16, 2017.

B. The Defendants are owners of each of the real estate listed in the separate sheet (1), (2), and (3) in the instant project site (hereinafter referred to as “real estate 1,” “second real estate,” and “each of the instant real estate”).

C. On December 6, 2017, the Plaintiff sent to the Defendants a written request for the purchase of each of the instant real estate with a certificate of content, and attempted to consult with the Defendants, but did not well reach an agreement. Even after the filing of the instant lawsuit, the Plaintiff continued consultation with the Defendants, including several dates for pleading, but did not reach an agreement because the difference in the purchase price between the Defendants was too large.

After filing the instant lawsuit on December 19, 2017, the Plaintiff filed an application for the market price appraisal of each of the instant real estate. Upon reflecting the appraisal result, the Plaintiff submitted an application for modification of the purport of the claim and the cause of the claim on August 20, 2018, and filed a claim for the sale of each of the instant real estate at the market price.

(e)The appraised value as a result of the market price appraisal shall be KRW 118,00,000 for the real estate and KRW 121,00,000 for the second real estate.

[Reasons for Recognition] A.1-19 Evidence, Eul-1-5 Evidence, Eul-1-5 Evidence, Eul-1 and 2 Evidence, and the result of the commission of appraisal to E-Appraisal Offices of this Court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The project implementer’s right to demand sale in accordance with Article 39 of the Do Administration Act to those who did not participate in the housing reconstruction project.

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