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(영문) 인천지방법원 2017.07.19 2016가단218798
소유권이전등기
Text

1. The defendant receives KRW 36,694,521 from the plaintiff and simultaneously receives KRW 36,694,521 from the plaintiff

(a) real estate listed in the annex;

Reasons

1. Facts of recognition;

A. The Plaintiff was a reconstruction association established on May 30, 2005 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of removing the buildings of the instant apartment complex and constructing a new apartment complex by removing the buildings of the land D, E, F, G, and H apartment complex on the land of Bupyeong-gu Incheon Metropolitan City and seven parcels (hereinafter “instant project zone”), and was granted authorization for the implementation of the project on January 6, 2006 by the head of Bupyeong-gu Incheon Metropolitan City, the authorization for the implementation of the project on April 9, 2012, and the authorization for the implementation of the project on December 30, 2015.

The Defendant is the Plaintiff’s member who owns the real estate in the attached Form (hereinafter “instant real estate”) located within the instant business area.

B. On May 31, 2012, the Plaintiff received an application for re-sale as of June 29, 2012 for the members of the association for the application for parcelling-out, and thereafter extended the expiration date of the application on July 19, 2012, but the Defendant did not apply for parcelling-out.

The Plaintiff exercised the right to demand sale by serving a duplicate of the instant complaint on the Defendant.

C. As a result of the market price appraisal of the instant real estate on July 20, 2012, the appraisal value based on the transaction comparison method was 76,700,000 won.

Meanwhile, on the other hand, the real estate of this case was established by the Defendant, the debtor, the Busan District Court (26,000,000 won) which was received on May 29, 2007 by the Defendant, and the Busan District Court (26,000,000 won) and the above court (26,000 won) No. 38523, Jun. 1, 2009. The National Health Insurance Corporation completed the seizure registration of the real estate of this case on December 3, 2013.

As of December 22, 2016, the sum of the principal and interest of the secured debt of the above-mortgage is KRW 32,507,209, and as of December 23, 2016, the sum of the amount of the credit, such as unpaid insurance premiums, of the National Health Insurance Corporation, is KRW 7,498,270.

[Grounds for recognition] The fact that there is no dispute, the entry of Gap evidence 1-7, the result of the request for appraisal of appraiser I by the market price, the result of this court's response to the submission of financial data to the Bupyeong Japan Credit Union, and the fact-finding on the National Health Insurance Corporation.

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