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(영문) 서울남부지방법원 2018.07.19 2017가합107699

소유권이전등기

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1. The Defendants shall receive from the Plaintiff each money listed in the separate sheet “c. purchase price” column in the separate sheet.

Reasons

1. Basic facts

A. Status of the parties and current status of real estate 1) The Plaintiff is the Seoul A Il-ro 3,356.2 square meters (hereinafter “instant improvement zone”).

In the case of a street housing rearrangement project (hereinafter referred to as “instant rearrangement project”);

In order to implement the 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”)

(2) On February 8, 2017, the head of Yeongdeungpo-gu Seoul Metropolitan Government approving the establishment of a corporation on February 22, 2017. The Defendants are owners of each of the relevant real estate among the real estate indicated in the column for indication of “real estate under item (b)” in the attached Table, which is real estate in the instant improvement zone (hereinafter “instant real estate”).

Of the instant real estate, each of the instant real estate owned by Defendant B, C, D, E, and F is subject to the completion of the registration of the establishment of a neighboring mortgage as stated in the “Registration of Restriction on Rights” in the attached Table.

B. On March 16, 2017, the Plaintiff sent a written peremptory notice to the Defendants on March 16, 2017, stating that “A peremptory notice shall be sent pursuant to Article 39 of the former Urban Improvement Act and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”). Within two months from the date of receipt, the Plaintiff would be expected to decide whether to consent to the establishment of an association. If the Plaintiff does not consent to the establishment of an association, the Plaintiff’s exercise of the Plaintiff’s right to demand sale shall be lost.” The peremptory notice sent by the Plaintiff was sent to Defendant G, H, and I, but it was returned without arrival to Defendant B, C, D, E, and EF on March 24, 2017.

3) The provisions of the Act on the Claim for Sale by Implementers of Street Housing Maintenance Project are as stated in the attached Form. [The facts that there is no dispute over the grounds for recognition, Nos. 1, 3, 4, 8, 9, 12.]