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(영문) 부산지방법원 서부지원 2018.11.29 2018가합101081
소유권이전등기
Text

1. The defendant shall receive KRW 850,029,710 from the plaintiff, and at the same time, shall be each real estate listed in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On October 16, 2015, the Plaintiff was an association established on October 23, 2015 by obtaining authorization for the establishment of the association from the head of Busan Northern District under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of housing reconstruction improvement project whose project implementation district covers 24,859 square meters, Busan Northern District C, and the Defendant was the Plaintiff’s member who consented to the Plaintiff’s reconstruction project as the owner of each real estate listed in the separate sheet in the said project implementation district (hereinafter “instant real

B. On September 13, 2017, the Plaintiff was authorized to implement the project by the head of North Korea, and on September 21, 2017, the Plaintiff publicly announced the period for application for parcelling-out to the period from September 22, 2017 to November 1, 2017, but the Defendant did not apply for parcelling-out during the period of application for parcelling-out.

C. Meanwhile, on November 2, 2017 following the date following the expiration date of the period for application for parcelling-out, the market price of the instant real estate is KRW 870,029,710, and among the buildings listed in paragraph (2) of the attached Table 2 (hereinafter “instant building”), 20,000,000 for lease on a deposit basis, which is KRW 49.6 square meters per each floor of the building for store use, D, among buildings listed in the attached Table 2 (hereinafter “instant building”).

The provisions of the former Act on the Maintenance of Urban Areas (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter the same shall apply) concerning the instant case are as follows:

When a project implementer implements a housing reconstruction project or a block-unit housing rearrangement project, he/she may file a claim for sale with any of the following persons by applying mutatis mutandis Article 48 of the Act on Ownership and Management of Condominium Buildings:

In such cases, the rebuilding resolution shall be deemed the consent (referring to the consent to the designation of a project implementer in the case of subparagraph 3) for the establishment of an association, and the partitioned ownership and the right to use site shall be deemed the ownership and other rights of the land or buildings subject to the claim for sale

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