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(영문) 부산지방법원 2020.09.03 2018가단329743
소유권이전등기
Text

1. The Defendants shall receive each money listed in the attached Table 1 “sale Price” from the Plaintiff at the same time.

Reasons

1. Determination as to claims against Defendant B, C, D, E, F, G, H, I, J, K, and L

A. 1) The plaintiff is a housing construction project (hereinafter "the project of this case") for a lot of 485 lots, Busan-gu AE, Busan-gu, and 485 lots.

On May 2, 2016, the regional housing association established to establish the housing association, and the authorization was obtained from the head of Busan District Office to establish the housing association, and on January 7, 2019, from the head of Busan Metropolitan City on the instant project plan, AF was the owner of the Busan District ADD large 26 square meters (hereinafter “instant land”) located in the instant project site and died on or around April 3, 1985, and succeeded to the property AH, AI, Defendant J, K, K, and LF, who are the denied AF’s owners and children.

Since then, AH died on October 19, 198 and succeeded to the property of Defendant C, D, and E, who is the denial of AH, and the AI died on October 6, 2018 and succeeded to the property of AI by Defendant F, Defendant G, H, and I, who is the denial of AI.

The shares of the above defendants in ownership of the land of this case following the above inheritance are as shown in the annexed Table 1's shares in ownership by the defendant (hereinafter "the shares in ownership by the defendant").

3) While securing the right to use the entire project site for at least 95%, the Plaintiff filed a claim against the said Defendants for the sale of the shares owned by the Defendant among the instant land at the market price by serving the instant complaint and a duplicate of the application for modification of the purport of the claim and the cause of the claim as of March 6, 2020. 4) as of July 17, 2019, the market price of the instant land is KRW 40,560,000.

[Ground of recognition] Unsatisfy, entry of Gap 1 through 8 (including a branch number if there is a satisfy number), the result of a request to appraiser AJ by this court for appraisal, the purport of the whole pleadings

B. According to the judgment on the cause of the claim, the above facts were examined, and according to Article 22 of the Housing Act, the Plaintiff’s share in the above Defendants among the land of this case between the Plaintiff and the above Defendants.

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