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(영문) 부산지방법원 2016.12.09 2016가단323826
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The plaintiff is a regional housing association under the Housing Act established to implement a housing construction project in Seo-gu, Seo-gu, Busan, and exercised the right to demand sale under Article 18-2 of the Housing Act against the defendant, who is the owner of the real estate listed in the annexed list of the above business area, by serving a copy of the application for change of the purport of the claim and the cause of the claim. Accordingly, since a sales contract was concluded between the plaintiff and the defendant as to the above real estate, the defendant asserts to the purport that he is obliged to perform the procedure for ownership transfer registration by resolving the burden of the above real estate, such as the provisional registration

However, Article 18-2(1) of the Housing Act provides that only a project operator who has obtained approval of a project plan may exercise a right to demand sale against a site owner within the project area. Since there is no evidence to deem that the Plaintiff obtained approval of a project plan for a housing construction project as alleged above, the Plaintiff’s assertion is without merit as to the remainder of the issue.

Therefore, the plaintiff's claim is dismissed.

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