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(영문) 서울동부지방법원 2017.01.13 2016가단105238
소유권이전등기
Text

1. The Defendant received KRW 231,600,000 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a) the annexed list;

Reasons

Facts of recognition

The Plaintiff is implementing a housing construction project (long-term lease housing) with respect to the instant project site on Gangdong-gu Seoul Metropolitan Government and 11,110.7 square meters (hereinafter “instant project site”). On February 17, 2016, the Plaintiff obtained approval of a project plan under Article 16(1) of the former Housing Act (amended by Act No. 13805, Jan. 19, 2016; hereinafter the same) with respect to the instant project site from the head of Gangdong-gu Seoul Metropolitan Government.

On September 9, 2001, the Defendant purchased real estate listed in the separate sheet (hereinafter “201”) and completed the registration of ownership transfer on November 1, 2001, and subparagraph 201 is located within the instant project site. On February 24, 2016, the Plaintiff against the Defendant, who is the owner under Article 18-2(1) of the former Housing Act, shall exercise the right to demand sale against the Defendant on February 24, 201.

The Plaintiff filed the instant lawsuit seeking the implementation and delivery of the procedure for the registration of ownership transfer with respect to 201 with respect to the purchase price and redemption of 201. A duplicate of the instant complaint was served on and around March 4, 2016. In the instant case, upon the Plaintiff’s application for appraisal, the market price assessment regarding 201 was conducted, and the result of the market price assessment reached October 12, 2016. According to the market price assessment result as of August 29, 2016, the market price was KRW 450 million as of August 29, 2016. However, the Defendant did not comply with the negotiations with the Plaintiff, such as the Plaintiff’s telephone at all, and the Defendant did not appear on November 11, 2016 and on December 20, 2016, the Defendant stated that the instant claim for sale and purchase was made on the date of appraisal as of October 20, 2016 as well as on the date of appraisal and sale under the proviso to Article 281-2.

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