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(영문) 서울북부지방법원 2011.11.25 2009가합9939

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and rearrangement project association established to implement a reconstruction improvement project by making the size of 14,916.70 square meters, including the real estate listed in the attached list (hereinafter “each real estate of this case”) as an improvement zone, and the Defendant is the owner of each real estate of this case.

B. On July 13, 2006, the head of Jung-gu Seoul Metropolitan Government approved the establishment of the A-building Improvement Project Promotion Committee (the name at the time was the E-building Establishment Promotion Committee; hereinafter referred to as the "Establishment Promotion Committee") for the purpose of implementing the Housing Reconstruction Project by setting the size of 1,621.43 square meters outside Seoul, Jung-gu, Seoul, and 94 square meters as the scheduled project implementation area pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9444, Feb. 6, 2009; hereinafter referred to as the "former Urban Improvement Act").

C. On November 20, 2008, the Mayor of Seoul Special Metropolitan City designated and publicly announced as a A-building improvement zone (hereinafter “instant improvement zone”) the Jungdong-gu Seoul Metropolitan Government 14,916 square meters of land as the announced F of Seoul Special Metropolitan City on November 20, 2008

(hereinafter referred to as “instant rearrangement zone designation”) D.

From the time of obtaining approval for establishment, Article 15 (2) of the former Act begins to obtain a written consent required for authorization for establishment of the association according to Article 34 and attached Form 3-1 of the Operational Rules for the Establishment of the association for maintenance and improvement projects as publicly notified by the Minister of Construction and Transportation.

E. On December 18, 2008, the Establishment Promotion Committee held an inaugural general meeting of the Association, and applied for authorization for the establishment of the Plaintiff to the head of Jung-gu Seoul Metropolitan Government, along with the documents required under the former Act on the Maintenance of Urban Areas, such as the written consent received as above, and the head of Jung-gu Seoul Metropolitan Government, on April 16, 2009, 75 out of the total of 100 housing and land owners (98) and appurtenant and welfare facilities, and land owners (2) in the instant rearrangement zone.