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(영문) 서울남부지방법원 2020.10.23 2019가합106515

소유권이전등기

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Defendant B received KRW 720,005,890 from the Plaintiff, and at the same time Defendant B, from the Plaintiff, the real estate indicated in the attached Form.

Reasons

1. Basic facts

A. The Plaintiff was designated as the project implementer by the head of Yeongdeungpo-gu Seoul Metropolitan Government pursuant to Article 8 (4) 1 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) on the housing reconstruction improvement project in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant project”).

B. The Defendants are co-owners of the real estate in the attached Form (hereinafter “instant real estate”) located in the instant business area.

C. On February 22, 2019, the Plaintiff sent to the Defendants by content-certified mail a peremptory notice to the effect that they would reply to whether they agree to the designation of a project implementer or not, and that they would exercise the right to demand sale if they do not reply within two months (hereinafter “the instant peremptory notice”).

Although the instant peremptory notice was not served on the Defendants, the duplicate of the instant written complaint attached by the instant peremptory notice was served on June 4, 2019 on the Defendants.

The Defendants served a duplicate of the instant peremptory notice and written complaint did not indicate their intent as to whether the Plaintiff consented to the designation of the project implementer of the instant project until two months elapse from that date.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. 관련 법령 ▣ 구 도시정비법 제2조(정의) 이 법에서 사용하는 용어의 뜻은 다음과 같다.

9. The term “owner of land, etc.” means:

(B)

(b) In cases of a housing reconstruction project, the following persons (i) the owners of structures and appurtenant land located in a rearrangement zone: