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(영문) 서울고등법원 2014.12.12 2014나8204

소유권이전등기

Text

1. Upon a claim for change in exchange at the trial, the Defendant:

(a) Gangnam-gu Seoul 2,345.1 square meter.

Reasons

1. Basic facts

A. The Plaintiff is a reconstruction association established to implement a reconstruction project of the Gangnam-gu Seoul Metropolitan Government B large 2,435.1 square meters (hereinafter “B site”), D large 952.7 square meters (hereinafter “D site”), C large 14,464 square meters (hereinafter “C site”), and C large 14,464 square meters (hereinafter “each of the instant lands”; and each of the instant sites collectively “each of the instant lands”), A apartment and commercial buildings (hereinafter “instant apartment and commercial buildings”).

The Defendant is a project proprietor who newly built and sold the apartment and commercial buildings of this case (the completion of May 12, 1980, and the registration of ownership preservation on May 30, 1980).

B. The Plaintiff completed the registration of ownership transfer based on the trust from its members, and acquired ownership by exercising the right to demand sale against the owners of the instant apartment and commercial buildings who opposed to the establishment of the association, thereby acquiring ownership from the entire sectional owners of the instant apartment and commercial buildings.

C. The Defendant remains as the owner of shares 109.8/2,435.1/2, shares 34.70/70 of the D site, and shares 108.65/24,731 of the C site (hereinafter “each of the instant shares”), and the reasons are as follows.

(1) The land B is the land purchased from the Seoul Special Metropolitan City in order to be used as the site of the apartment and commercial building in this case, which is the land secured by the Seoul Special Metropolitan City.

The Seoul Special Metropolitan City, upon the defendant's request, has transferred the shares of B site in the land scheduled for replotting to the first buyer of the apartment and commercial building in this case, but it has not yet been determined by the buyer, the owner of the apartment and commercial building transferred the shares of the land to the defendant who is the project owner.

As a result, the defendant was transferred 286.8m2 from the Seoul Special Metropolitan City's land B.

The defendant should have received shares from the Seoul Special Metropolitan City, which is a total of 167.75m2 of the shares of households transferred from the defendant (38m2, 1004, 177m2, 177m2).