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(영문) 서울중앙지방법원 2019.06.27 2018가합539303

소유권이전등기

Text

1. The Plaintiff:

A. Defendant B shall be paid KRW 624,600,000 from the Plaintiff at the same time (attached Form).

Reasons

1. Basic facts

A. (1) On October 1, 2015, the Plaintiff obtained authorization for the establishment under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) from the head of Seocho-gu Seoul Metropolitan Government on October 1, 2015 to implement a street housing maintenance project (hereinafter “instant project”) in the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government D, and the Act on Special Cases Concerning the Maintenance and Improvement of Vacant Houses and Small-Scale Housing at the time of the establishment registration was implemented on February 9, 2018, and pursuant to Articles 3 and 4 of the Addenda (No. 14569, Feb. 8, 2017).

(2) Defendant B owns each of the real estates listed in paragraphs (1) and (3) of the attached Table Nos. 2 and (3) (hereinafter “instant real estate”) in the instant project zone, and Defendant C owns each of the real estate listed in the attached Table Nos. 2 and (3) in the instant project zone (hereinafter “instant real estate No. 2 and 3”).

(3) The Plaintiff was authorized to implement the instant project by the head of Seocho-gu Seoul Metropolitan Government on January 2018.

B. On February 21, 2018, the Plaintiff’s exercise of the Plaintiff’s right to demand sale against the Defendants (1) urged the Defendants to reply in writing within two months (60 days) from the date of receipt to whether they agree to establish an association for a street housing rearrangement project, and to exercise the right to demand sale of the instant real estate by deeming that they did not agree if they did not reply within the said period, and reached the Defendant around that time.

(2) The Defendants did not respond to whether they agree to establish an association for the instant business after the lapse of 60 days from the date of receipt of the instant peremptory notice.

(3) The Plaintiff on January 2018.