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(영문) 대구지방법원 2020.07.24 2019가단128863

소유권이전등기

Text

1. The Defendants are paid KRW 265,118,870 from the Plaintiff, and each of them is listed in the separate sheet to the Plaintiff.

Reasons

1. The plaintiff's assertion

A. As prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff’s association is a housing reconstruction project association established for the purpose of implementing a housing reconstruction project (hereinafter “instant reconstruction project”) with the content of removing old and inferior existing buildings located within 28,038 square meters in Daegu-gu, Daegu-gu Seoul Special Metropolitan City D (hereinafter “instant rearrangement zone”) and constructing underground floors, 12 apartment buildings with 15 stories above ground (627 households) and auxiliary welfare facilities on the ground.

B. The Defendants were the owners of each real estate listed in the separate sheet within the instant rearrangement zone, and were the Plaintiff Association members.

C. On February 1, 2016, the Plaintiff Union obtained authorization to establish an association from the head of the Daegu-gu Dong-gu Metropolitan City, and completed the establishment registration on February 4, 2016, and obtained authorization for a project implementation plan on June 19, 2018 (Public Notice on June 20, 2018), and obtained authorization for a project implementation plan on January 29, 2019.

(Notice of January 30, 201) d.

In spite of the Defendants’ refusal to move by setting the period of relocation and notification to the Defendants, the Defendants did not move within 30 days from the end of the period of relocation. However, the Defendants did not move within 30 days from the end of the period of relocation.

Therefore, the Defendants, by its articles of incorporation, lost membership pursuant to Article 11 (Loss of Members’ Qualifications), and the Plaintiff Union can liquidate in cash by applying Articles 36 (5) and 43 (4) mutatis mutandis.

E. The Plaintiff Union, the primary cause of the exercise of the right to sell, exercised the right to sell by serving a copy of the claim as of December 9, 2019 and the application for correction as of December 9, 2019. The date when the establishment of the sales contract is deemed to be constituted by the Plaintiff Union’s exercise of the right to sell is when the Defendants lose their membership

Therefore, from August 23, 2019 to August 30, 2019, the day following the 30th day.