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(영문) 서울남부지방법원 2018.04.12 2017가합104003

지연손해금 등 지급 청구의 소

Text

1. Defendant CHousing Reconstruction Project Association: KRW 311,010,342 to Plaintiff A, and KRW 25,149,010 to Plaintiff B, respectively.

Reasons

1. Basic facts

A. The parties to the contract 1) The Defendant Association is the Seoul Yeongdeungpo-gu Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government 53,239 square meters (hereinafter “instant rearrangement zone”).

(2) The Plaintiffs owned each real estate listed in the separate sheet in the instant rearrangement zone as follows. The Plaintiffs were established to implement the rearrangement project and obtained authorization for the establishment of an association on April 28, 2010, and obtained authorization for the management and disposal plan on March 22, 2015.

List of the attached Form for the Registration of Transfer of Ownership of the Defendant Cooperatives

1. to 1.

7. Each of the real estate recorded (hereinafter referred to as “instant No. 1”).

Plaintiff

A Deceased H (hereinafter referred to as “the deceased”).

From January 23, 2014, the list of the annexed lists on December 8, 2016, 2016, "the cause of inheritance due to testamentary gift or consultation division" on April 11, 2014

8. to 10. Each of the real estates stated in 8.10. (hereinafter referred to as “second real estate of this case”).

Plaintiff

A From the time when the establishment of the Defendant Cooperative was authorized, each of the real estate listed in the [Attachment 11. to 14. List on December 21, 2016 by the owner (hereinafter “third real estate of this case”).

Plaintiff

B On December 2, 2016, the owner from the time when the establishment of the Defendant Cooperative was authorized.

(1) On June 18, 2010, the Defendant Union sent a peremptory notice to the deceased who was the owner of the instant real estate on June 18, 2010 pursuant to Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 1031, May 31, 2010; hereinafter “former Act”) and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”), but was not served.

B. On July 2, 2010, the Defendant Union filed a lawsuit against the deceased et al. for the registration of ownership transfer and the claim for delivery with the Seoul Southern District Court, and exercised the claim for sale along with the peremptory notice under the former Urban Improvement Act and the Multi-Family Building Act, and a duplicate of the complaint containing the above declaration of intent reached the deceased on February 28, 201.