소유권이전등기
1. Defendant B received KRW 1,644,100,000 from the Plaintiff (Counterclaim Defendant) at the same time, and also Seoul (Counterclaim Defendant).
Both the principal lawsuit and each counterclaim are considered together.
1. Basic facts
A. The Plaintiff is a housing reconstruction association which obtained authorization for the establishment of housing reconstruction association from the head of Gangseo-gu Seoul Metropolitan Government (hereinafter “the head of Gangseo-gu”) on April 3, 2017 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the housing reconstruction improvement project of Gangseo-gu Seoul Metropolitan Government (hereinafter “instant project”).
The Defendants did not agree to the establishment of the Housing Reconstruction Association as owners of land, etc. within the instant project zone, and did not become a member of the Plaintiff.
B. The Defendants own each of the relevant real estate in the item column for the sale of the sight table related to the attached sales contract.
C. Some owners of land, etc., who did not consent to the establishment of the Plaintiff, filed an appeal against the approval of the establishment of the Housing Reconstruction Association by the head of Gangseo-gu Office as Seoul Administrative Court No. 2017Guhap
On September 14, 2018, the Seoul Administrative Court rendered a judgment revoking the approval for establishment of the Housing Reconstruction Association on the ground that the Plaintiff failed to meet the consent ratio of owners of lands, etc. necessary for the formation of the Housing Reconstruction Association at the time of the Plaintiff’s inaugural general
The plaintiff appealed to the judgment of the first instance court as Seoul High Court 2018Nu66847.
The Seoul High Court recognized some errors in the calculation of the consent rate by the head of Gangseo-gu, but judged that the legally calculated consent rate meets the requirements for the establishment of an association even considering the errors, and sentenced the cancellation of the first instance judgment on July 11, 2019 and dismissed the claims of the owners of the above lands, etc.
The appeal by the losing party is continuing to be by the Supreme Court 2019Du48196.
E. On the other hand, on August 1, 2018, the head of Gangseo-gu Office: (a) changed the establishment of the Housing Reconstruction Association by changing the number of 151 members of the Plaintiff as 155 in the previous Housing Reconstruction Association’s approval disposition; and (b) notified the Plaintiff of the change.