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(영문) 울산지방법원 2018.07.05 2017가합25754
소유권확인
Text

1. The defendant shall attach to the plaintiffs each land listed in the list of land allotted by the authorities in recompense for development outlay for C district land rearrangement cooperatives.

Reasons

1. Indication of claim;

A. In around 194, the Defendant purchased each parcel of land listed in the list of land allotted by the authorities in recompense for development outlay (hereinafter “instant land”) from the Ulsan-gun D District Land Readjustment Association of Ulsan-gun, Ulsan-gun, Seoul-gun, which is located in the land development recompense for development outlay within the said district, and then newly constructed “101, 102, 103 Dong and commercial buildings (hereinafter “the instant apartment buildings”) on that ground” and sold each of the above apartment buildings.

The defendant received the purchase price from the buyer according to the above sales contract and completed the registration of transfer of ownership for each partitioned building, but since the above division of land ownership has not yet been completed, the above division of land ownership was not completed, so if the above project is completed and the cadastral record is adjusted, the registration of ownership transfer is

B. The plaintiffs are currently owners of each of the above apartment buildings, who have acquired the apartment buildings of this case directly from the defendant or acquired them from the buyer and comprehensively succeeded to the status of the buyer. Pursuant to Article 60 of the above sales contract and the Registration of Real Estate Act, the plaintiffs have the right to claim the defendant to transfer the ownership of each share in the list of the shares of the plaintiff's site

C. Since Ulsan Metropolitan City, on April 13, 2018, revised a land substitution plan to a district land substitution project association, and accordingly, the above association is in progress with the procedure of land substitution disposition, liquidation procedure, preservation of ownership, transfer registration, etc., and the defendant, the land owner in the register of land secured by the recompense for development outlay, is obligated to acquire the ownership of the land of this case from the above association and transfer the ownership of the land to the plaintiffs, but it is unclear whether the defendant's representative director, etc. has been maintaining the business as a juristic person in light of the above circumstances, such as there has been no long-term alteration registration at the time of sale of the apartment of this case

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