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(영문) 대구지방법원김천지원 2017.08.03 2016가단4293

소유권이전등기 등

Text

1. The Defendants are to the Plaintiff:

A. As to each real estate indicated in the attached Table 1’s Schedule, the same Table is applicable.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction project association established to implement a housing reconstruction improvement project (hereinafter “instant project”) on the scale of 29,95 square meters in Gu-si E in Gu-si, Gu-si.

On July 14, 2012, the Plaintiff held an inaugural general meeting on July 14, 2012, obtained authorization to establish an association from the old U.S. market on September 11, 2012, and completed the establishment registration on November 14, 2012.

B. The Defendants are owners of each of the instant apartment units indicated in the attached Table 1’s attached Table 1’s “owned real estate” located within the instant project zone (hereinafter referred to as the “instant apartment unit” and the instant apartment unit 2, and each of the instant apartment units is a house subject to the implementation of the instant project.

C. On April 5, 2014, the Plaintiff held a general meeting to change the establishment of the association and select a contractor. On June 5, 2014, the Plaintiff was notified of the change of the establishment of the association from the Si of the Gu and America on June 5, 2014.

On May 3, 2016, the Plaintiff sent a written peremptory notice to the Defendants by content-certified mail as to whether they agree to the establishment of the Plaintiff pursuant to Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) within two months.

Defendant B received each peremptory notice on May 9, 2016; Defendant C received each peremptory notice on May 16, 2016; Defendant D received each peremptory notice on May 4, 2016.

E. The Plaintiff received project implementation authorization on May 3, 2016, and publicly announced the sale of a cooperative member on May 27, 2016. The Defendants did not apply for the sale of a cooperative member.

F. Of the Plaintiff’s articles of incorporation, the parts relating to this case are as follows.

Article 5 (Method of Execution) (1) Members of the Plaintiff’s articles of association shall invest land and buildings owned in kind in a cooperative, and a cooperative shall construct and supply multi-family housing and auxiliary facilities in accordance with the management and disposal plan authorized under Article 48 of

Article 9. Qualifications for members.