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(영문) 부산지방법원 2017.09.27 2017가합44325
소유권이전등기
Text

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

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

Reasons

1. The Plaintiff’s assertion that the Plaintiff secured a right to use more than 80% of the housing site area pursuant to Article 11(1) and (2) of the Housing Act and obtained authorization from the head of the Dong-gu Busan Metropolitan City (hereinafter “Seoul Metropolitan City”) to establish a housing association. The Plaintiff concluded a sales contract with the owners of land equivalent to 95.51% of the housing construction site area and secured the right to use the land. On June 15, 2017, the Plaintiff filed an application for approval of the housing construction project plan with the head of Dong-gu Busan Metropolitan City. As such, the Defendants holding each real estate listed in the separate list in the relevant project area are obliged

2. 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 housing construction site, he/she may request all owners of the site for which he/she failed to secure usage fees to sell the site at the market price. Since the Plaintiff is not entitled to obtain approval for the project plan until the date of closing argument in this case, the Plaintiff

Therefore, the plaintiff's claim of this case is without merit without further review.

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

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