소유권이전등기 등
1. The plaintiff's appeal against the defendant P shall be dismissed.
2.In the judgment of the court of first instance, including a claim modified in the trial.
1. Basic facts
A. The Plaintiff Union is a housing reconstruction association established under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 10599, Sept. 16, 201; hereinafter “Urban Improvement Act”) for the purpose of promoting a housing reconstruction project on an apartment and commercial building in Seoul Gwangjin-gu, Seoul including the real estate listed in the attached Table 1 (hereinafter referred to as “instant 1 through 8 real estate”; the land portion among them is referred to as “instant 1 through 8”; and the building part is referred to as “instant 1 or 8 building”; and
Plaintiff
A union shall complete the registration of its incorporation on July 27, 201 after obtaining authorization for its establishment on August 3, 2011.
B. As of October 21, 201, as shown in the attached Table 1, Defendant B, as of October 21, 201, owned the instant real estate; Defendant C, the instant real estate; Defendant D, the instant real estate; Defendant C, the instant real estate; Defendant H, I, J, K, L, andM by inheritance of the network U; Defendant N’s 1/6 shares in each of the instant six real estate; Defendant N, the 2/11 shares in each of the instant seven real estate; Defendant P, the 1/11 shares in each of the instant seven real estate; Defendant P, the 4/11 shares in each of the instant seven real estate; Defendant Q, the 4/11 shares in each of the instant seven real estate; the 4/11 shares in each of the instant seven real estate; and the 8 (Building) shares in each of the instant real estate.
Each real estate is located in the rearrangement zone of the plaintiff association.
C. The remaining Defendants except Defendant S constitute “owners of land, etc.” under Article 2 subparag. 9 (b) of the Act on the Maintenance and Improvement of Urban Areas, which own buildings and appurtenant land within the rearrangement zone.
Defendant S only owns 8 real estate (building) in the rearrangement zone, and Article 2 subparagraph 9(b) of the Act on Urban Improvement.
목에서 정하는 ‘토지등소유자’가 될 수 없고 원고 조합의 조힙원 자격을 취득할 수 없다.
However, the real estate of this case is not a housing complex, and is located in the rearrangement zone.