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(영문) 울산지방법원 2015.06.05 2014가단60445
기타(금전)
Text

1. The Plaintiff shall sell the amount of money equivalent to 387.6m2 in Ulsan-gu, Ulsan-gu to an auction and deduct the auction cost from the price.

Reasons

1. Facts of recognition;

A. The Plaintiff completed a share transfer registration on May 8, 2014 with respect to one-fifth of the amount of one-fifth of the building site in Ulsan-gu, Ulsan-gu, C, 387.6 square meters (hereinafter “instant building site”). The Defendant completed a share transfer registration on the ground of termination of title trust on March 17, 200 with respect to the share of four-fifths of the said building site.

B. The Plaintiff and the Defendant did not reach an agreement on the method of dividing the instant site.

(c) A person who intends to engage in any of the following activities prescribed by Presidential Decree (hereinafter referred to as "development activities") under Acts and subordinate statutes concerning land division [the National Land Planning and Utilization Act] (1) shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun (hereinafter

Provided, That this shall not apply to acts performed under an urban or Gun planning project.

4. Acts subject to permission for development activities pursuant to Article 51 (1) of the Act pursuant to Article 56 (1) of the Act shall be as follows:

5. Division of land: Division of land, which falls under any of the following items (excluding the sites wherein the structures under Article 57 of the Building Act exist):

(b) Division of land below the size restricted from partition under Article 57 (1) of the Building Act [the Building Act] Article 57 (Restrictions on Partition of Building Sites] (1) Any site on which a building is located shall not be excessively partitioned into the area prescribed by municipal ordinance of the relevant local government within the extent prescribed by

[Slsan Metropolitan City Building Ordinance] Pursuant to Article 50 (Restrictions on Partition of Site with Building), Article 57 (1) of the Act and Article 80 of the Decree, a site area shall not be partitioned below the area determined by any of the following subparagraphs:

1. Residential area: The fact that there is no dispute over the grounds for 90 square meters;

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