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(영문) 청주지방법원 2018.07.12 2017가합202453

소유권이전등기

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1. The Defendants trust on November 10, 2015 with respect to each of the pertinent real estate by the Defendant listed in the separate sheet to the Plaintiff.

Reasons

1. Where the owners of land, etc. fall under any of the following subparagraphs, a project implementer under Article 47 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Act No. 11293, Feb. 1, 2012);

1. An applicant for parcelling-out;

2. Persons who have withdrawn the application for parcelling-out;

3. Article 47 subparag. 2 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) was amended on February 1, 2012 as “a person who withdraws the application for parcelling-out before the expiration of the period for parcelling-out application” on February 1, 2012. Article 47(2) of the Addenda provides that “Article 47(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) that is excluded from the object of parcelling-out under a management and disposal plan authorized under Article 48 shall not apply to a case where the above amendment provisions already

Meanwhile, on December 24, 2013, Article 47(1) of the amended Act re-amended the cash settlement period as “within 90 days from the day following the date on which the authorization for the management and disposition plan is obtained.” Since the amended provisions of Article 47(1) provide that “the first application for the authorization of establishment after the enforcement of this Act shall be applied from the portion of the first application for the authorization for establishment after the enforcement of this Act, Article 11293 of the amended Act shall apply to the cancellation of the application for parcelling-out of this case.”

Article 47 (Measures against Persons, etc. who have failed to file an application for parcelling-out) (1) A project implementer shall fall under any of the following subparagraphs: