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(영문) 서울중앙지방법원 2015.12.24 2014가단5252958

소유권이전등기

Text

1. The defendant falls under each of the plaintiffs listed in the separate sheet among the 16,067 square meters in Gangnam-gu Seoul Metropolitan Government Slux 16,067.2 square meters.

Reasons

1. Facts of recognition;

A. The defendant is a reconstruction association established pursuant to the former Housing Construction Promotion Act (amended by Act No. 6919 of May 29, 2003) for the purpose of rebuilding the R apartment constructed on the ground of the Gangnam-gu Seoul and two lots (hereinafter referred to as the "former apartment"), and the plaintiffs are the co-owners of the previous apartment.

B. The Defendant’s establishment of the instant apartment was composed of 258 households (230 households of house, commercial building 28 households). Of the sectional owners of the instant apartment, on August 20, 200, the 178 persons among the sectional owners of the instant apartment held an inaugural general meeting on August 20, 200, and resolved to remove the instant apartment and build new apartment on the ground with the consent of 178 persons and 30 persons holding the written resolution, and the Defendant obtained the approval of the housing association from the head of Gangnam-gu Seoul Metropolitan Government on October 10, 200 and obtained the approval for the establishment of the housing association on March 11, 200.

C. On May 1, 2004, the Plaintiffs’ application for parcelling-out and the Defendant’s Defendant’s application for parcelling-out held an extraordinary general meeting of association members and resolved on a management and disposal plan. Article 7 of the above-mentioned management and disposal plan provides for the standards for parcelling-out for the members of the building facilities. Article 7(2) of the above-mentioned management and disposal plan provides that “In the case of a union member who did not file an application for parcelling-out in the period of filing an application for parcelling-out, the members who completed the application for parcelling-out shall be arbitrarily allocated the balance and the remaining households after allocating

After the above extraordinary general meeting, the defendant received the application for parcelling-out from the members from June 1, 2004 to June 4, 2004. Some sectional owners, including the plaintiffs, shall prepare an application for parcelling-out presented by the defendant and put the application for parcelling-out in one envelope and enter the application for parcelling-out in 21 form on the outer side of the envelope and registered by registered mail in B.