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(영문) 울산지방법원 2018.10.26 2017가단71125
소유권이전등기 등
Text

1. The Defendant received KRW 362,358,089 from the Plaintiff simultaneously with the Plaintiff’s payment,

(a) the annexed list;

Reasons

1. Facts of recognition;

A. On September 15, 2015, the Plaintiff: (a) obtained authorization to establish a housing association from the head of Ulsan Metropolitan City south-gu, Ulsan Metropolitan City with the project site (hereinafter “instant project site”); and (b) obtained approval from the owners equivalent to at least 95% of the housing construction site area to complete the registration of ownership transfer due to purchase and sale; and (c) obtained approval for the project plan from the Ulsan Metropolitan City Mayor on November 16, 2017, by securing the right to use housing construction site under the Housing Act.

B. The Defendant owned the real estate indicated in the separate sheet located in the instant project site (around June 4, 2018, the amount of 199 square meters wide D, Ulsan-gu, Seoul-gu, which was owned by the Plaintiff was divided as the real estate indicated in the separate sheet; hereinafter “instant real estate”).

C. On December 6, 2017, the Plaintiff sent a written request for the purchase to the Defendant with the content of the written request for consultation, and on December 12, 2017, sought opinions on whether to receive the above content certification or whether to receive it. Even after the instant lawsuit was brought, the Plaintiff did not reach an agreement even after going through an excursion ship or direct interview.

After filing the instant lawsuit on December 19, 2017, the Plaintiff applied for the market value appraisal of the instant real estate. Based on the modified purport of claim reflecting the results of appraisal, the Plaintiff was on July 16, 2018 and the same year.

8. 14. Each of the 14. 14. Requests for the correction of the purport of the claim and the cause of the claim were submitted, and the service was requested to sell the real estate at the market

E. The appraised value of the instant real estate as a result of the market appraisal commission is KRW 435,229,320.

F. The instant real estate was established by the Ulsan District Court No. 46193, May 2, 2008, with the maximum debt amount of 65 million won and the association of the mortgagee E-mortgage. The secured debt of the said right is fully repaid.

G. On August 24, 2016, the Defendant: (a) to F Co., Ltd., the Defendant: (b) KRW 60 million as the obligation for the purchase price; and (c) to that effect.

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