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(영문) 부산지방법원서부지원 2019.01.15 2017가단5967
부동산소유권이전등기등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

In order to implement a housing construction project, the Plaintiff satisfies the requirements prescribed in the Housing Act, such as securing a user license for at least 95% of the area of the housing construction site with respect to the land outside Busan Seo-gu E and 152 lots, and obtained approval from the head of the Busan Metropolitan City Nowon-gu on May 29, 2015, and the fact that the Defendant owns the land and buildings listed in the attached list of the relevant housing construction site is

The Plaintiff asserts to the effect that the Plaintiff purchased each of the above real estate from the Plaintiff by exercising the right to demand sale under Article 22 of the Housing Act as a copy of the complaint of this case, because the Defendant did not comply with the agreement on the sale of each of the real estate listed in the separate sheet, and sought the implementation of the procedure for ownership transfer registration

On the other hand, there is no evidence to support that the Plaintiff consulted with the Defendant for more than three months to secure the title of each real estate listed in the separate sheet, and that the Plaintiff failed to secure the right to use each of the above real estate, and there is no evidence to support that the above provision of the law provides that the owner of the site (including the building) for which the business operator failed to secure the right to use the land may claim the sale of the site "market price" to the owner of the site for which the business operator failed to secure the right to use the land

Therefore, the plaintiff's above assertion is without merit.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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