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(영문) 서울중앙지방법원 2016.03.24 2012가합74545

소유권이전등기 등

Text

1. The Defendants receive each of the money stated in the “sale price” column of the attached Table 1 from the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction association established under the Act on the Maintenance and Improvement of Urban Areas and Residential Environments for the purpose of promoting housing reconstruction projects for the five groups in Dongjak-gu Seoul, Seoul, including each real estate listed in the list of real estate in attached Table 2 (hereinafter referred to as “each of the instant real estate”), and completed the establishment registration on July 2, 2012 after obtaining authorization from the head of Seoul Dongjak-gu Office for the establishment of the association on June 29, 2012.

B. The Defendants are owners of each Defendant’s pertinent real estate listed in the separate sheet No. 2 attached hereto (hereinafter “each of the instant real estate”).

C. The Plaintiff notified the Defendants in writing as to whether they will participate in re-building through the service of the duplicate of the instant complaint. In the event that the Defendants failed to comply therewith, the Plaintiff expressed his intent to exercise the right to demand sale of each of the instant real estate, and the duplicate of the instant complaint was served on each of the Defendants on each date indicated in the “date of Service” column of the annexed sheet No. 1, but the Defendants did not disclose the intent to participate after the lapse of two months.

Attached Form 3 of the relevant Acts and subordinate statutes shall be as follows.

(A) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the Act on the Ownership and Management of Aggregate Buildings is the Act on the Ownership and Management of Aggregate Buildings as the Act on the Ownership and Management of Aggregate Buildings). [The grounds for recognition] Defendant J, K, and L: The fact that there is no dispute against the remaining Defendants except the above Defendants: each entry of Gap evidence Nos. 1 through 5 (including branch numbers; hereinafter the same shall apply) and the purport

2. The Plaintiff’s determination as to the claim against Defendant J, K, and L is a duplicate of the instant complaint containing the Plaintiff’s expression of intent to exercise the Plaintiff’s right to demand sale pursuant to Article 39 of the Urban Maintenance Act and Article 48(4) of the Multi-Family Building Act, which is between the Plaintiff and the said Defendants.