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(영문) 수원지방법원안산지원 2014.11.20 2012가합10130

소유권이전등기 등

Text

1. The Plaintiff:

A. Defendant B received KRW 308,106,00 from the Plaintiff, and at the same time, written in paragraph 1 of the attached Table.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting a housing reconstruction improvement project (hereinafter “instant improvement project”) by designating the FJ as the project zone in Ansan-si, Ansan-si (hereinafter “instant improvement zone”).

B. On April 8, 2012, the Plaintiff completed the registration of incorporation on April 23, 2012, after obtaining authorization to establish an association from the mayor of Ansan-si on April 18, 2012 through the inaugural general meeting.

C. Defendant B and C are co-owners of 1/2 shares of each real estate in the instant rearrangement zone, and Defendant D is the owner of each real estate in the instant rearrangement zone as indicated in attached Table No. 2, and Defendant E is the owner of each real estate in attached Table No. 3 in the instant rearrangement zone.

The Defendants did not consent to the establishment of the partnership at the time of the Plaintiff’s inaugural general meeting.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including each number in case of additional number), Eul evidence Nos. 2, 6, and 10, and the purport of the whole pleadings

2. Assertion and determination

A. The Defendants asserted that they owned land and buildings within the rearrangement zone in this case and did not consent to the establishment of the Plaintiff association. Thus, they are subject to a claim for sale as stipulated in the Urban Improvement Act and the Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”).

Accordingly, the Plaintiff served a duplicate of the instant complaint on the Defendants and filed a claim for sale. As such, the Defendants, as stated in the purport of the claim, have a duty to receive the purchase price for land and buildings from the Plaintiff, simultaneously with taking the procedure for registering the transfer of each ownership on the said land and buildings, and to deliver the said land and buildings to the Plaintiff.

B. Relevant legal principles are established by the Housing Reconstruction Project Association.