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(영문) 의정부지방법원 2017.12.15 2017가합52382
소유권이전등기
Text

1. As to the land specified in Paragraph 1 of the attached Table at the same time as the Defendant received KRW 2,385,22,00 from the Plaintiff.

Reasons

1. Basic facts

A. The New and Southern Development Co., Ltd. obtained approval for the housing construction project plan for neighboring lands, including each of the instant land.

B. On December 2, 2016, the Plaintiff obtained a modified approval for the housing construction project plan from the Namyang-ju market to the Plaintiff, by securing the right to use more than 80% of the housing construction site, and changing the subject of the housing construction from the Nam-Nam Development to the Plaintiff

C. The defendant is the owner of each land of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and 8 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff had a specific and substantial consultation with the Defendant on the purchase of each of the instant land for not less than 3 months, thereby exercising the right to demand sale under Article 22(1) of the Housing Act.

Therefore, at the same time, the Defendant received the purchase price for each land of this case from the Plaintiff, and at the same time, has the obligation to deliver the pertinent land to the Plaintiff, by performing the procedure for registration of ownership transfer based on the sale contract on the date of delivery of the copy of the complaint of this case as to each land of this case, and the conjunctively, the claim of this case and the

B. Defendant 1) The Plaintiff did not undergo specific and substantial consultation with the Defendant on each of the instant lands for not less than three months. (2) Since there was an error in the appraiser E’s appraisal of each of the instant lands, and development gains were not included in the appraised value, the appraised value is unreasonable.

3. Determination

A. Whether a consultation has undergone a specific and substantial consultation for not less than three months under the Housing Act should be deemed to mean a specific and substantial consultation between a project operator and a housing site owner, which should undergo for more than three months as a requirement for exercising the right to demand sale under the Housing Act.

In addition, unless there are special circumstances, such consultation requirements shall be satisfied.

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