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(영문) 서울중앙지방법원 2015.04.09 2014가합42412

소유권이전등기 등

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1. The Defendants receive each of the money stated in the [Attachment 1] List from the Plaintiff at the same time.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and rearrangement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing reconstruction project (hereinafter “the reconstruction project in this case”) with all G groups in Dongjak-gu Seoul Metropolitan Government as a rearrangement zone. The Defendants are the owners of each real estate in this case within the implementation zone of the reconstruction project in this case and are the Plaintiff

B. On August 12, 2010, the Plaintiff obtained authorization from the head of Dongjak-gu head of the Gu to establish an association.

C. On December 7, 2011, the head of Dongjak-gu Seoul Metropolitan Government announced the authorization to implement the instant reconstruction project on December 7, 201, and publicly announced it as H on December 15, 201.

On January 19, 2011, the Plaintiff notified the owner of land, etc., including the Defendants, of the period of application for parcelling-out (from January 25, 2012 to February 23, 2012) and announced it on January 19, 2012.

E. On February 21, 2012, the Plaintiff notified owners of land, etc., including the Defendants, that the period for application for parcelling-out should be extended to 20 days, and publicly announced in a daily newspaper dated February 21, 2012.

F. The Defendants did not apply for parcelling-out by March 14, 2012, the period for filing an application for parcelling-out.

G. The Plaintiff exercised the Defendants’ right to claim the sale of each of the instant real estate by serving a duplicate of the instant complaint on the Defendants.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. According to the facts of recognition as to the cause of the claim, the Defendants lost their membership under Article 47 of the Urban Improvement Act because they failed to apply for parcelling-out within the period of application for parcelling-out and became a person subject to cash settlement. As they exercise the right to demand sale to the Defendants who became a person subject to cash settlement, the sales contract for each of the instant real estate on March 15, 2012, which is the date following the expiration date of the period of application for parcelling-out between the Plaintiff and the Defendants.