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(영문) 울산지방법원 2020.02.05 2019가합16433
소유권이전등기
Text

1. The Defendant received KRW 647,124,600 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a)each entry in the separate sheet;

Reasons

1. Basic facts

A. The Plaintiff is a regional housing association established to operate a housing construction project for a site of 25,788 square meters in Ulsan-gu, Ulsan-gu, Seoul (hereinafter “instant project site”), and obtained authorization for the establishment of a housing association from the head of Ulsan-gu, Ulsan-gu, Seoul, on April 8, 2016, and approval for a housing construction project plan from the Ulsan Metropolitan City Mayor on June 13, 2019.

B. The Defendant owns each real estate listed in the separate sheet located in the instant project site (hereinafter “instant real estate”).

C. While securing more than 95% of the instant project site, the Plaintiff filed a claim against the Defendant for sale of the instant real estate at the market price by serving a copy of the complaint of this case and the written application for change of claim cause as of September 19, 2019.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserted that the plaintiff secured the right to use more than 95% of the project site of this case and requested the defendant to purchase the real estate of this case for not less than three months after obtaining approval of the project plan, but did not comply with the purchase consultation.

Accordingly, by exercising the right to sell through the delivery of a copy of the application for change of the purport of the instant claim and the cause of the claim, the Plaintiff and the Defendant concluded a sales contract on the instant real estate.

Therefore, at the same time, the Defendant is obliged to pay the amount equivalent to the market price of the instant real estate from the Plaintiff to the Plaintiff by implementing the registration procedure for transfer of ownership based on the sale date of service of the application for change on the said real estate.

B. The Defendant alleged that the instant land was owned by acquiring the ownership of the instant real estate before 10 years prior to the date of determination of the district unit planning zone as to the instant land.

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