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(영문) 울산지방법원 2015.02.17 2014가단53638
소유권이전등기
Text

1. The defendant shall receive KRW 319,64,020 from the plaintiff, and at the same time, shall be the list of real estate in attached Form 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established on May 21, 2013 with housing construction and real estate sales business as its main purpose business.

B. On July 19, 2013, the Plaintiff filed an application with the Ulsan Metropolitan City Mayor for approval of the housing construction project plan with respect to the construction of 11 units of privately-owned apartment units 1,182 units on the ground of Ulsan-gu, and 286 parcel 49,860 square meters (hereinafter “instant project site”).

(hereinafter above, the Plaintiff’s housing construction project is “instant project”). C.

The Ulsan Metropolitan City Mayor approved the instant project plan on February 26, 2014, and around that time, determined a single unit area of 81,705 square meters adjacent to the instant project site as a district unit planning zone, including the instant project site, and publicly announced the approval of the instant project plan on March 6, 2014, and publicly announced the purport of the determination of the district unit planning zone and topographic drawings.

Defendant on May 26, 1988, attached Form

1. After acquiring the ownership of each real estate listed in paragraphs 1 and 2 in the list of real estate, the real estate listed in Paragraph 3 of the same Table was constructed on that ground, and the registration of ownership preservation was completed on July 9, 191.

(hereinafter referred to as “instant real estate”). 【No dispute exists concerning each of the real estate listed in the same list (hereinafter referred to as “instant real estate”), entry in Gap evidence 1-1, 2, 3, Gap evidence 2, 7, 8, 11, Eul evidence 6-22, and 23, fact inquiry results with respect to Ulsan Metropolitan City, the purport of the entire pleadings, and the purport of the whole pleadings.

2. The parties' assertion

A. Plaintiff 1) The Plaintiff obtained approval for the instant project from Ulsan Metropolitan City and secured the right to use at least 95% of the instant project site. (2) The Plaintiff did not enter into a negotiation on the instant real estate transaction for three months since the commencement of a prior negotiation, such as notifying the Defendant of the commencement of compensation consultation on the instant real estate.

3 In conclusion, the plaintiff can be deemed to have satisfied the requirements for the right to demand sale under Article 18-2 of the Housing Act.

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