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(영문) 서울중앙지방법원 2017.06.23 2016가합531473
소유권이전등기
Text

1. The plaintiff's main claim is dismissed.

2. The defendant shall receive KRW 2,224,737,40 from the plaintiff at the same time.

Reasons

1. Basic facts

A. On November 5, 2015, the Plaintiff (i) obtained approval of a housing construction project plan from the Incheon Metropolitan City Mayor pursuant to Article 4 of the Housing Act on November 5, 2015, and conducted apartment construction projects on the ground (hereinafter “instant housing construction project”).

2) The Defendant is the owner of each land listed in the separate sheet, which is part of the land for the instant housing construction project (hereinafter “each land of this case”).

3) On September 23, 2015, the Plaintiff secured a right to use the instant housing construction project’s entire site of 35,149 square meters, which is 95.62%, 33,610 square meters. (B) On September 23, 2015, the Plaintiff requested the Korea Asset Management Corporation in charge of the Defendant’s sale of State property, to sell each of the instant land included in the instant housing construction project site.

2) On January 7, 2016, the Korea Asset Management Corporation requested an appraisal corporation and the Korea Appraisal Board to appraise the purchase price of each of the instant lands, and calculated the purchase price of each of the instant lands as KRW 2,430,535,00 based on the appraisal result. 3) The Plaintiff filed an objection to the purchase price of each of the instant lands presented by the Korea Asset Management Corporation on January 7, 2016.

However, on January 18, 2016, the Korea Asset Management Corporation sent a reply to the purport that it cannot accept the plaintiff's objection and the request for re-appraisal.

C. On May 31, 2016, the Plaintiff filed the instant lawsuit with the Defendant to exercise the right to demand sale of each of the instant lands by serving a duplicate of the instant complaint on May 31, 2016, and the duplicate of the instant complaint reached the Defendant on June 8, 2016 (hereinafter “the primary claim for sale”).

(2) The Plaintiff filed an application for appraisal of each of the instant lands during the instant litigation procedure, and the Plaintiff’s appraiser upon the Plaintiff’s application.

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