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(영문) 서울중앙지방법원 2020.02.13 2019가단5049645

소유권이전등기

Text

1. The Defendant’s ground for trust on June 1, 2017 is limited to the real estate indicated in the attached list to the Plaintiff.

Reasons

1. Facts of recognition and judgment

A. 1) The Plaintiff’s reconstruction project to remove housing units, etc. of the Gangnam-gu Seoul Metropolitan Government C Il-dae 29,532m2 and construct new housing units, etc. on the removed site (hereinafter “instant reconstruction project”).

(2) On June 30, 2003, the head of the Gangnam-gu Seoul Metropolitan Government (hereinafter “instant improvement zone”) designated and publicly announced the establishment registration on July 25, 2013, which was after the implementation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents ( July 1, 2003) enacted by Act No. 6852, after obtaining authorization for the establishment of a house from the head of Gangnam-gu pursuant to the former Housing Construction Promotion Act (amended by Act No. 65852, Oct. 1, 2003) as a housing reconstruction and improvement project association established for the purpose of the purpose of the project.

The Plaintiff received a written consent to establish an association from the owners of the entire land, etc. in the instant improvement zone and obtained an authorization for the establishment of the association from the head of Gangnam-gu Office on May 23, 2016

3) On June 1, 2017, the Plaintiff obtained authorization for the alteration of the project for the instant reconstruction project from the head of Gangnam-gu (Seoul Metropolitan Government Notice G). On July 5, 2017, the Plaintiff publicly announced the application period for parcelling-out to the association members from July 6, 2017 to August 9, 2017. On August 22, 2017, the Plaintiff publicly announced the period for filing applications for parcelling-out from August 28, 2017 to August 30, 2017. 4) as the owner of real estate listed in the attached list in the instant improvement zone, the Defendant submitted a written consent to establish an association to the Plaintiff around April 25, 203.

5) The head of Gangnam-gu revised the management and disposal plan of the instant reconstruction project on March 12, 2018, and on March 16, 2018, the head of Gangnam-gu announced it (H) on March 16, 2018. 6) The articles of incorporation of the Plaintiff Union (hereinafter “articles of incorporation”) relating to the instant case are as follows.

Article 8 (Qualification, etc. for Members) (1) Members.