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(영문) 서울서부지방법원 2016.10.19 2015가합847 (1)

소유권이전등기 등

Text

1. Defendant S and T, each of the 6.3 million won by the Plaintiff, and Defendant U, each of the 6.6.1 million won by the Plaintiff, simultaneously with the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is entitled to the housing reconstruction improvement project (hereinafter “instant project”) within the size of 4737 square meters in Mapo-gu Seoul Metropolitan Government A, Mapo-gu.

(2) The Defendants are the owners of each real estate located within the instant project area, as shown in the separate sheet 2, after obtaining authorization to establish an association on November 7, 2007 and completing the registration of incorporation on November 28, 201, and after obtaining authorization to establish an association on November 18, 2014.

B. On December 22, 2014, the Plaintiff sent a peremptory notice to the Defendant S and T, and on January 5, 2015, each of the Defendant U.S. sent a peremptory notice to the effect that “if the Plaintiff is urged to reply in writing within two months from the date of receipt of the peremptory notice, and if it is deemed that he/she does not consent to the change of the establishment, or that he/she does not consent to the change of the establishment within two months, he/she would exercise the right to demand sale under Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents,” but Defendant S and T respectively received each of them on December 23, 2014, and Defendant U.S did not reply two months after receipt of each of them on January 14, 2015, the Plaintiff filed the instant lawsuit against the Defendants on February 5, 2015, and entered the purport that “Defendant 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents,” each of the Defendants 2015.

4. 24. Each copy of the complaint was received.

【Defendant S, and T: The fact that there is no dispute, obvious fact in the record, Gap 1, 2, 3-2, 4-2, 6-1 through 9-5, and the purport of the whole pleadings and arguments.

2. Establishment of obligation to transfer ownership;

A. According to Article 39 subparag. 1 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and Article 48(1) through (4) of the Act on the Ownership and Management of Aggregate Buildings, a housing reconstruction and improvement project association does not consent to the establishment of an association.