2017Gahap448 Registration of transfer of ownership

A Housing Association

1. B

2. C

August 9, 2017

September 6, 2017

1. The plaintiff's claims against the defendants are all dismissed.

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

Defendant B shall pay each purchase price to the Plaintiff with respect to each real estate listed in the separate sheet Nos. 1 through 3, and each real estate listed in the separate sheet Nos. 4 and 5, and simultaneously implement the registration procedure for transfer of ownership based on the sales contract on the following day after the date of termination of the sales agreement.

1. The plaintiff's assertion

In accordance with Article 11(1) and (2) of the Housing Act, the Plaintiff obtained the authorization of establishment of a housing association from the head of the Dong-gu Busan Metropolitan City by securing the title to use more than 80% of the housing site area, and obtained the authorization from the head of the Dong-gu Busan Metropolitan City, the Plaintiff concluded a sales contract with the owners of land equivalent to 95.51% of the housing construction site area, and secured the usage right. On June 15, 2017, the Plaintiff filed an application for the approval of the housing construction project plan with the head of Dong-gu Busan Metropolitan City, Busan Metropolitan City. As such, the Defendants holding each real estate listed in the

2. Determination

According to Article 22 (1) of the Housing Act, if a project proprietor who has obtained approval for a housing construction project plan secures more than 95 percent of the area of the permanent housing site, he/she may request all owners of the site on which he/she failed to secure usage fees to sell the site at the market price. Since the Plaintiff is a person who has not obtained approval for the project plan until the date of closing argument in this case, the Plaintiff failed to meet the requirements for the said claim for sale. Therefore, the Plaintiff’s claim in

3. Conclusion

The plaintiff's claim against the defendants is without merit, and all of them are dismissed. It is so decided as per Disposition.

Judge Cho Jae-man

Judges Yoon So-hee

Judges Lee Jong-han

A person shall be appointed.