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(영문) 서울고등법원 2016.06.17 2012나1810

소유권이전등기

Text

1. At the request of a change in exchange at the trial, the defendant is paid KRW 757,291,440 from the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and rearrangement project association established to implement a housing reconstruction and rearrangement project by making the land size of 14,918.90 square meters in Jung-gu, Seoul as an improvement zone. The Defendant is the owner of each real estate listed in the separate sheet in the above improvement zone (hereinafter “each real estate”).

B. Progress 1) The head of Jung-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Jung-gu”).

(A) On July 13, 2006, the A-building and maintenance project establishment promotion committee (the first name is the E-building establishment promotion committee) aimed at implementing the A-building and improvement project by setting the size of 1,621.43 square meters for 94 square meters, both Seoul and Jung-gu, Seoul, and 2006.

The Promotion Committee (hereinafter referred to as "Promotion Committee")

2) On November 20, 2008, the Seoul Special Metropolitan City Mayor (hereinafter “instant improvement zone”) designated and publicly announced a large scale of 14,916.70 square meters in Jung-gu Seoul Special Metropolitan City as A-building improvement zone (hereinafter “instant improvement zone”).

3) On December 18, 2008, the promotion committee held an inaugural general meeting of the partnership and applied for authorization to establish the association for the Plaintiff to the head of Jung-gu, the head of Jung-gu, on April 16, 2009. The head of Jung-gu, with the consent of 75 out of 98 housing and landowners in the instant improvement zone and 100 landowners, and 75 landowners, and the consent rate is 75%. The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 10268, Apr. 15, 2010; hereinafter “former Act”).

2) The Plaintiff’s association establishment approval disposition on the Plaintiff’s association establishment approval (hereinafter “previous association establishment approval disposition”).

C. The 13 owners of land, etc. in the instant rearrangement zone, including the Defendant in a lawsuit on the disposition of approving the establishment of the previous association, filed a lawsuit against the Plaintiff seeking confirmation of invalidity of the previous disposition of approving the establishment of the association (Seoul Administrative Court No. 2010Guhap5134, Jul. 1, 2010).

The above owners of lands, etc.