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(영문) 부산지방법원 2017.02.10 2016가단340661
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff asserts that, as a regional housing association under the Housing Act established to implement a housing construction project in Seo-gu Busan District District, the plaintiff exercised the right to sell each real estate in accordance with the provisions of Article 18-2 of the Housing Act by delivering a copy of the application for change of purpose of the claim and cause of the claim of this case to the defendant who is the owner of the real estate listed in the attached list of the above project area, and that the sale contract between the plaintiff and the defendant was concluded.

However, Article 18-2(1) of the Housing Act provides that only a business operator who has obtained approval of a business plan pursuant to Article 16(4)1 of the same Act may exercise a right to demand sale to the owner of a site (including buildings) within the business area. However, there is no evidence to deem that the Plaintiff obtained approval of a business plan pursuant to the provisions of the Housing Act for a housing construction project as alleged above. Thus, the Plaintiff’s assertion is without merit without examining the remainder

Therefore, the plaintiff's claim is dismissed.

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