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(영문) 부산지방법원동부지원 2017.11.23 2016가합1501

소유권이전등기등

Text

1. The defendant received KRW 2,750,000,000 from the plaintiff at the same time, and simultaneously received from the plaintiff

(a) the annexed list;

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and rearrangement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to carry out the housing reconstruction project (hereinafter “the reconstruction project of this case”) by setting the Busan Suwon-gu C Il-gu as a project implementation district (hereinafter “the project district of this case”). The Defendant is the owner of the real estate in the attached list in the project area of this case (hereinafter “the instant real estate”).

B. The Plaintiff’s promotion committee for the establishment of the Plaintiff was held on April 16, 2016 with its members who agreed to establish the association among the real estate owners in the instant business area, and for the same year.

7. 27. Authorization from the head of the Gangseo-gu Busan Metropolitan Government to establish an association, and the same year;

8.10. Completion of registration of incorporation.

C. On September 12, 2016, the Plaintiff sent a peremptory notice to the Defendant on September 12, 2016 to the effect that the Plaintiff would give a definite reply as to whether the Plaintiff consented to the establishment of the reconstruction association or, in the absence of reply within two months, exercise the right to demand sale under the Urban Improvement Act. However, the Defendant did not reply thereto.

As a result of entrusting the market value appraisal of the instant real estate in this court, the appraisal price including development gains from reconstruction of the instant real estate is KRW 2,750,000,000.

(e) When implementing a housing reconstruction project or a block-unit housing rearrangement project, a project implementer provided for in Article 39 of the Urban Improvement Act may file a claim for sale with the person falling under any of the following subparagraphs by applying mutatis mutandis the provisions of Article 48 of the Act on Ownership and Management of Condominium Buildings:

(e).