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(영문) 전주지방법원군산지원 2014.02.12 2012가단20630
공유지분권매도
Text

1. Defendant B received KRW 9,130,434 from the Plaintiff at the same time, and at the same time, Defendant B received KRW 15/115 of the 162 square meters of the 162 square meters of Gunsan-si Road.

Reasons

1. On January 17, 2012, the Plaintiff was a housing association which obtained authorization for the establishment of an apartment on the land outside 2,620 square meters of Simsan-si, Gunsan-si, for the purpose of constructing an apartment on the land outside 34 square meters, and obtained the approval of the project plan on July 27, 2012 for the housing construction project in the project site above (hereinafter “instant project site”).

② The former owner G (acquisition of ownership on May 8, 1969) succeeds to the former owner G with respect to the area of 162 square meters (hereinafter “instant land”) located in Gunsan-si, Si, Gun, where the said project site is located, and Defendant B owns 15/115 shares, respectively.

③ On August 2012, the Plaintiff entered into a sales contract with 12 other co-owners of the instant land except the Defendants at the price of KRW 1.3 million per 1/115 equity, and completed the registration of ownership transfer as to the instant land, except for the Defendants’ equity,.

Around that time, the Plaintiff sent content-certified mail to urge the Defendants to purchase through consultation two times and demand the exercise of the right to demand sale.

④ At present, the Plaintiff purchased 20,324 square meters in size exceeding 95% among the area of 20,480 square meters in the business plan of the instant project site, and secured the royalty.

⑤ The Plaintiff’s claim for sale of the instant land pursuant to Article 18-2(1) of the Housing Act, stating the purport of exercising the Plaintiff’s claim for sale of the instant land, reached Defendant B on December 31, 2012, and Defendant C on January 2, 2013, respectively.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7, purport of whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, after the Plaintiff obtained approval of a project plan and attempted to contact with the Defendants through consultation, the Plaintiff exercised the right to demand sale of the instant land under Article 18-2(1)2 of the Housing Act at the time of the lapse of three months, and exercised the right to demand sale.

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