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(영문) 서울동부지방법원 2018.10.12 2016가합2510

소유권이전등기 등

Text

1. The Defendants receive money from the Plaintiff as stated in the attached Table 1 of the 1 Trading Statement.

Reasons

1. Basic facts

A. The Plaintiff’s establishment and the Defendants’ establishment 1) The Plaintiff did not consent to the Plaintiff’s establishment. The Plaintiff is the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) to implement housing reconstruction improvement projects within the size of 64,97

(2) The Defendants are owners of each real estate listed in the separate sheet 2 attached hereto (hereinafter “each of the instant real estate”) located in the said improvement project zone, and did not consent to the establishment of the association at the time when the Plaintiff was established.

B. On June 20, 2016, the Plaintiff sent a written peremptory notice to the Defendants on June 20, 2016, Article 39 of the former Urban Improvement Act and the Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”).

) Pursuant to Article 48, the Plaintiff’s establishment was urged to reply within two months, and each written peremptory notice was sent to the effect that the Plaintiff would exercise the right to demand sale in accordance with the above law if the Plaintiff did not reply within two months. 2) Defendant B, C Co., Ltd (hereinafter “C”), E, and G were served on June 21, 2016, Defendant D, and F respectively on June 22, 2016, but did not reply within two months.

C. The Plaintiff’s exercise of the Plaintiff’s right to demand sale was served on the Defendants on each relevant date indicated in [Attachment 1] “the date on which the sales contract is concluded” as indicated in each of the instant complaint stating that the Plaintiff intended to exercise the Defendants’ right to demand sale in accordance with the pertinent

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 4, and 6 (which include a serial number, and includes a merged case), the purport of the whole pleadings

2. Determination

(a)a sales contract is concluded by the exercise of a claim for sale;