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(영문) 서울고등법원 2019.06.21 2018나2053857

소유권이전등기

Text

1.The judgment of the first instance shall be modified as follows:

The Defendants shall set up a separate sheet from the Plaintiff for the calculation of the purchase price.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association that completed the registration of incorporation on March 16, 2015 with authorization from the head of Seocho-gu on March 9, 2015 pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14576, Feb. 8, 2017; hereinafter “former Act”) in order to promote a housing reconstruction project (hereinafter “instant reconstruction project”).

Within the instant reconstruction project zone, the Defendants are owners of each of the pertinent real estate listed in the column for “real estate” in the attached Table 2 list of real estate in the instant reconstruction project zone (hereinafter “instant real estate”).

B. On May 14, 2015, the Plaintiff sent to the Defendants a written peremptory notice to the effect that whether to participate in the instant reconstruction project within two months, and each of the said written peremptory notice reached the Defendants around that time (hereinafter “the instant peremptory notice”), but the Defendants did not respond within the said period.

C. Upon filing the instant lawsuit on September 5, 2015, the Plaintiff expressed his/her intent to exercise the Defendants’ right to claim the sale of each of the instant real estate (hereinafter “instant claim for sale”). The duplicate of the instant complaint stating such intent was served on Defendant C, D, and Defendant B on November 12, 2015, respectively.

[Ground for recognition] Unsatisfy, Gap evidence 1 through 4 (including each number, if any, including each number; hereinafter the same shall apply), Eul evidence 2, 4 through 10, Eul evidence 2, Eul evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) When a project implementer exercises a right to demand sale against a person who did not participate in a housing reconstruction project, the land or land of the person who did not participate in the housing reconstruction project at the same time when the intention of exercising the right to demand sale has reached and the right to demand sale has not reached.