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(영문) 대구지방법원 2019.09.20 2019가단107835
소유권이전등기
Text

1. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant is based on the sale on July 25, 2019.

Reasons

1. Basic facts

A. Under the Housing Act, the Plaintiff is a trust company that implements a housing construction project (hereinafter “instant project”) that newly constructs multi-family housing of 468 households on the land of 140 square meters, Daegu Suwon-gu, and 20,063.9 square meters on the ground, Daegu-gu, and 140 square meters.

B. On June 29, 2018, the Plaintiff secured the right to use 95.02% of the housing construction site area of the instant project and obtained approval from the Daegu Metropolitan City Mayor on February 26, 2019.

C. The network D owned each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) located in the instant project site, but died on May 17, 2015.

E, F, and G, the inheritor, filed an appeal for renunciation of inheritance with the Daegu Family Court 2015-Ma2040, which was the Daegu Family Court, and the defendant filed an appeal for the limited approval of inheritance with the Daegu Family Court 2015-Ma2039, which was accepted on August 25, 2015.

As to the appraised value of each of the instant real estate at the time of November 30, 2018, H Appraisal Corporation assessed respectively as KRW 26,842,30 [=(26,208,80 won 27,475,800) ± 2], and the I Appraisal Corporation assessed as KRW 28,621,90 [=(27,946,400 won 29,297,400 won)] ± 2], and the court appraiser assessed as KRW 44,638,300 as of June 10, 2019 at the time of reference.

E. For each real estate of this case, the provisional attachment registration of K-K Co., Ltd. (former L Co., Ltd.) with the amount of KRW 1,492,460 as the execution bond, the amount of KRW 23,853,530 as the execution bond, the amount of which is KRW 76,787,30 as the preservation bond, the amount of which is KRW 76,787,309 (the actual amount of credit as of July 10, 2019) was completed, respectively.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6 (including paper numbers), Eul evidence Nos. 1 and 2, Eul evidence Nos. 1 and 2, the result of I's entrustment to the M appraiser office of this court, the result of this court's inquiry into the K, J and Daegu Metropolitan City head, and the purport of the whole arguments.

2. Determination.

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