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(영문) 서울서부지방법원 2018.04.18 2015가합34727

소유권이전등기

Text

1. The plaintiff

A. Defendant B, C, and E are the amount indicated in the “appraisal” column in the annexed sheet from the Plaintiff.

Reasons

Basic Facts

The Plaintiff is a housing reconstruction and improvement project association established pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12640, May 21, 2014; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) to implement the housing reconstruction improvement project (hereinafter “instant rearrangement project”) in approximately approximately 58,488.20 square meters in Seoul Mapo-gu Seoul Metropolitan Government F. (hereinafter “instant rearrangement zone”).

The Plaintiff obtained authorization to establish an association from the head of Mapo-gu on March 28, 2014 (hereinafter referred to as “instant authorization to establish an association”); completed the registration of incorporation on April 2, 2014; and obtained authorization for establishing an association from the head of Mapo-gu on May 12, 2015.

The Defendants are owners of each relevant real estate (land and buildings) indicated in the separate sheet of real estate located in the instant improvement zone.

On July 2015, the peremptory notice of the Plaintiff’s consent to the establishment of the association was submitted to the instant complaint, accompanied by a peremptory notice to the effect that, if the Defendants were to respond in writing within two months from the date of receipt of the promotional letter, they would not expressly participate in the establishment of the association, or if deemed that they were not given consent because they did not reply within two months from the date of receipt, they would exercise the right to demand sale under Article 39 of the former Urban Improvement Act and Article 48 of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act”). (hereinafter “the instant peremptory notice”).

The Defendants received the instant complaint and the instant peremptory notice at each corresponding date set forth in the attached Table “date of arrival”, but did not answer whether they agree to the establishment of an association until the lapse of two months thereafter (Defendant B, C, E), and on October 12, 2015, submitted a written reply to the effect that they oppose the establishment of an association.

(Defendant D) The Plaintiff’s exercise of the Plaintiff’s right to demand sale is against the Defendants in the instant complaint.