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(영문) 부산지방법원 2017. 12. 14. 선고 2017가단314522 판결
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Cases

2017dan314522 Registration of transfer of ownership

Plaintiff

A Housing Association

Defendant

B

Conclusion of Pleadings

November 16, 2017

Imposition of Judgment

December 14, 2017

Text

1. Upon receiving KRW 225,236,40 from the Plaintiff, the Defendant shall implement the procedure for the registration of ownership transfer for the real estate listed in the attached Tables 1 and 2 to the Plaintiff on November 16, 2017.

2. The costs of the lawsuit are assessed against the defendant.

Purport of claim

The same shall apply to the order.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

Judges

Judges Lower Hun-Ba

Site of separate sheet

A person shall be appointed.

Cheongwon of the Gu

1. Status of the parties

(1) On July 22, 2016, pursuant to Article 11(1) and (2) of the Housing Act, the Plaintiff Union obtained approval for the establishment of a house from the head of the Dong-gu Busan Metropolitan City (415 members at that time are the number of members).

On December 29, 2016, the Plaintiff Union obtained a modified authorization for the addition of its members, and the number of its members at that time was 486 (2) in subparagraph (a).

The Plaintiff Union has the right to use the site (Evidence A2) by concluding a sales contract for the site amounting to 95.51% of the current housing construction site, and is scheduled to apply for approval of the project plan immediately.

(2) The Defendant is the owner of the real estate listed in the separate sheet 1 and 2, contained in the instant housing construction site (hereinafter referred to as “the instant real estate”).

2. Requirements for request for sale

(1) Article 22 of the Housing Act defines the subject of request for sale as a project undertaker who has obtained approval for the business plan.

I have the same effect.

(2) The Plaintiff secured the right to use at least 95% of the site, but failed to obtain the approval of the project plan, which is scheduled to apply for the approval of the project plan on April 2017, and is expected to be approved on June 2017.

(3) The plaintiff should undergo a consultation period of not less than 3 months after he received the sub-sacrifies of the business plan, but considering the market price appraisal period for the real estate in this case, it is necessary to pre-determine the price of the real estate to be presented to the defendant during the consultation period after the approval of the business plan.

3. Conclusion

이에 원고는 이 사건 부동산에 관하여 피고에게 주택법 제22조에 따라 매도청구를 하기 뮈해서 이 사건 소송을 제기하게 되었습니다.

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