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(영문) 대구지방법원 2020.01.09 2019가합206241
소유권이전등기
Text

1. The defendant shall receive KRW 1,349,750,700 from the plaintiff, and at the same time, shall be listed in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a regional housing association established to carry on a housing construction project for the Daegu Northern-gu Seoul Northern-gu Seoul Northern-gu, and obtained authorization to establish an association from the head of the Gu of the Daegu-gu Seoul Metropolitan City on December 22, 2015.

On July 23, 2019, the Plaintiff obtained approval of the plan for the housing construction project (hereinafter “instant project”) that newly constructs an apartment unit of 532 households, etc. on the ground of 24,728 square meters of the site area of the Seoul Northern-gu Seoul Metropolitan City (hereinafter “instant site”) from the Daegu Metropolitan City Mayor.

B. The Defendant is the owner of each land and each ground building listed in the separate sheet located in the project site of this case (hereinafter “each real estate of this case”).

C. While securing the right to use at least 95% of the project site of this case, the Plaintiff filed a claim against the Defendant for sale of each of the instant real estate at the market price from February 14, 2019, and exercised the right to sell under Article 22(1) of the Housing Act by serving a copy of the instant complaint and the written application for modification of the purpose of, and the cause of, the claim on October 1, 2019.

As of November 1, 2019, the market price of each of the instant real property is KRW 1,349,750,700 in total (=land KRW 1,016,190,000 in total).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1, 2, 5, and 6 (including the number of branch offices), the result of a request for market price appraisal of appraiser E by this court, the purport of the whole pleadings

2. The relevant Acts and subordinate statutes shall be as follows:

(1) Any person who intends to implement a housing construction project of at least the number prescribed by Presidential Decree or to implement a housing site preparation project of at least the size prescribed by Presidential Decree shall be referred to as "person authorized to approve project plans" below:

The State and the Korea Land and Housing Corporation shall mean the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree, and this Article and Articles 16 through 19.

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