소유권이전등기
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the parts which are dismissed or added as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act
2. On the third page of the judgment of the first instance on the sole basis of the foregoing part, the phrase “ February 28, 2017” in the first instance judgment is as follows: “ February 8, 2017.”
3. The addition;
A. Determination on the assertion regarding estimated contributions 1) The Defendant’s assertion did not properly implement the procedure for notifying estimated contributions prior to the claim for sale. Therefore, the Plaintiff’s claim for sale of the instant real estate is unlawful. 2) The former Urban Improvement Act concerning the notification of estimated contributions is as follows.
Article 13 (Establishment of Partnership and Composition of Promotion Committee) (1) Where a person other than the head of a Si/Gun, designated developer or Housing Corporation, etc. intends to implement a rearrangement project, he/she shall establish an association comprised of
Provided, That the same shall not apply where owners of land, etc. intend to implement an urban environment improvement project under Article 8 (3).
(2) Where it is intended to establish an association pursuant to paragraph (1), a promotion committee for establishing an association shall be organized with the consent of a majority of the owners of land, etc., including the chairperson, and operating regulations under Article 15 (2) after public announcement of designation of an improvement zone under Article 4 (referring to a decision to implement a housing reconstruction project under Article 12 (5), in cases of a housing reconstruction project in an area other than a rearrangement zone) and shall be approved by the head of the relevant Si
Provided, That in cases of street housing maintenance projects, the promotion committee shall not be organized.
(3) Owners of land, etc. who have consented to organizing a promotion committee under paragraph (2) (hereinafter referred to as "persons consenting to the promotion committee") shall be deemed to consent to the establishment of an association under Article 16 (1) through (3)
(b).