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(영문) 수원지방법원 2016.10.27 2016구합60011

소유권이전등기청산금징수및손실보상금지급

Text

1. The part of the claim for the discharge of each of the instant lawsuits against ownership transfer is dismissed.

2. The plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. Defendant B reconstruction and rearrangement project association (hereinafter “Defendant association”) is a reconstruction and rearrangement project association established for the reconstruction and rearrangement project (hereinafter “the instant project”) with the land of F and 422 parcels of land outside the Seoul Special Metropolitan City as the project implementation district (hereinafter “the instant project”), and on March 29, 200, after obtaining an authorization for the establishment of the association from the Defendant Gwangju Metropolitan City Mayor on July 16, 2003, the registration of incorporation under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. On January 16, 2006, the Gyeonggi-do Governor of Gyeonggi-do designated and publicly announced the F Day as H Housing Housing Housing Construction Improvement Zone as G public announcement of Gyeonggi-do on January 16, 2006, and the Defendant Mine Name Market was authorized to implement the project on June 30, 2006.

C. On September 17, 2006, the Defendant Union held a special general meeting on September 17, 2006 and passed a resolution on the case of concluding a construction contract with the execution company by the method of final equity, and the case of formulating a management and disposal plan based on the method of final equity, etc., and the Defendant Mine Master City approved the management and disposal plan on October 19, 2006.

On May 29, 2011, the Defendant Union held the 10th extraordinary general meeting on May 29, 201 and passed a resolution to partially revise the management and disposal plan by selecting the method of distributing additional charges in proportion to the shares of the previous assets. The Defendant Mine Master City approved the revised management and disposal plan on July 11, 201.

Around December 2008, the Defendant Union started construction of reconstruction apartment units with a total of 16 units of 1,267 units on the site within the instant project district and completed construction around September 201.

On September 1, 2015, in accordance with Article 52 of the Urban Improvement Act and Article 55 of the Enforcement Decree of the same Act, the Defendant Mine Name Market issued a certificate of completion of construction to the Defendant Union, and announced it before January 20, 2016.

E. Meanwhile, the Plaintiffs owned an unauthorized building within the instant business district. On January 4, 2008, the Plaintiffs were recognized as the members of the Defendant Union, and were out of F.m., the object of sale under the implementation of the instant business district between the Defendant Union and the Plaintiff.