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(영문) 광주지방법원 2018.11.08 2017가단25890

소유권이전등기 등

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1. The defendant received KRW 58,000,000 from the plaintiff at the same time, and simultaneously received from the plaintiff:

(a) real estate listed in the separate sheet;

Reasons

1. Basic facts

A. Gwangju Northern-gu C and D ground E apartment consisting of Fdong and Gdong, and on July 24, 2014, the precise safety diagnosis was conducted on the ground that two columns of the first floor H and Iho Lake L were destroyed (hereinafter “instant safety accident”).

As a result, in both Fdong and G Dong, the problems such as “explosive exposure to steel bars, corrosion, concrete stuffing, cracks of the outer wall of underground floor, and the whole building are hallwaying the corridor” were found, and “safety grade E (the condition that the use of facilities should be prohibited and reinforcement or reconstruction should be performed due to serious defects that occur in major absence, i.e., the safety of facilities should be ensured due to the danger of safety)” was received, and residents evacuation order was issued to Gdong.

B. After the instant accident, the Plaintiff obtained authorization for the establishment of a housing reconstruction project association from the head of Gwangju North Korea on May 16, 2017 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and completed the establishment registration on May 25, 201. The Plaintiff is the owner of the real estate listed in the attached Table of the said improvement project zone (hereinafter “instant real estate”).

C. The same year as the Plaintiff on June 14, 2017

8.1. The defendant asked the defendant whether he/she consents to the establishment of the plaintiff association, while the plaintiff is entitled to a claim for sale if he/she does not consent to the establishment of the association within two months from the date of receipt of the official document, and the plaintiff sent a public notice to the purport that "the plaintiff shall exercise the right to demand sale pursuant to Article 39 of the Urban Improvement Act and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act"), and the defendant is served each of them, but did not submit

On September 26, 2017, the Plaintiff filed the instant lawsuit and is prescribed in Article 39 of the Urban Improvement Act in the complaint.