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(영문) 서울동부지방법원 2018.08.30 2016가합2619

소유권이전등기 등

Text

1. The Defendants shall receive from the Plaintiff each corresponding amount stated in the attached Table 2’s “sale price” column.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and rearrangement project partnership that obtained authorization from the head of Songpa-gu Seoul Metropolitan Government on June 1, 2016 to implement a reconstruction and rearrangement project on the scale of 64,974.90 square meters in Songpa-gu Seoul, and the Defendants are the owners of each real estate listed in the attached Table 1 list in the said rearrangement project site (hereinafter “each of the instant real estate”).

B. On June 20, 2016, the Plaintiff urged the Defendants to reply to whether they will participate in the re-building, and dispatched a peremptory notice to the effect that they will not participate in the re-building within two months, or that they will exercise the right to demand sale pursuant to Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”) and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Building Act”).

C. While filing the instant lawsuit against the Defendants, the Plaintiff stated that he/she shall exercise the right to demand sale in accordance with the aforementioned relevant laws, and the Defendants were served with each copy of the instant complaint on each corresponding date stated in the “Date of Trade” column of the attached Table 2.

On the other hand, the market price of each of the instant real property as of the corresponding date was appraised as follows.

[Attachment 1-Attachment 1-Attachment 1-Attachment 1-Attachment 2,29,894,00 buildings 246,060,000 on September 22, 2016; 2,475,954,902-Attachment 1-Attachment 2-Attachment 2-Attachment 1-Attachment 1-Attachment 234,422,072,729,000 buildings on September 22, 2016; 2,307,151,903-Attachment 1-Attachment 3-Attachment 1-Attachment 3, 207: 262,03,023,641,00 buildings 232,916,640; 2,57,567,640, 640, 640, 640; 15-16, 2046, 207, 2016