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(영문) 수원지방법원안산지원 2015.04.09 2013가합7087

소유권이전등기

Text

1. The Defendants shall receive from the Plaintiff each corresponding money as stated in the attached Table 1 “sale price” column.

Reasons

1. Facts of recognition;

A. The Plaintiff is, for the purpose of implementing a reconstruction project by making the N Total 44,268.9 square meters as a project site in Ansan-si, the Plaintiff is an Housing Reconstruction and Improvement Project Association which completed the establishment registration pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “Urban Improvement Act”) on March 5, 2013 with the approval of establishment on March 4, 2013 for the purpose of implementing the reconstruction project.

B. Defendants B, C, D, and E are the successors of the networkO (Death January 11, 1992), and jointly own the attached list 2 in the Plaintiff’s business site in attached Table 1 column.

As the inheritors of Defendant F, G, H, I, J, K, L, and M are jointly owned by each of the corresponding shares listed in attached Table 1 in attached Table 3 (hereinafter collectively referred to as “each of the instant real estates”) in the Plaintiff’s project site, Defendant F, G, H, I, K, K, L, and M, respectively.

C. On May 28, 2013, the Plaintiff sent a peremptory notice to demand a reply as to whether or not the Plaintiff consented to the establishment of the association to the network O, and the title of the registration of the real estate listed in attached Table 3 remains in the network P. However, the Plaintiff did not receive any reply.

Accordingly, on September 27, 2013, the Plaintiff notified the deceased of his reply to the establishment of the association, and received the instant complaint to this court, stating that if the Plaintiff did not consent to the establishment of the association within two months from the date of delivery of a copy of the complaint of this case, the Plaintiff would exercise the right to sell each of the instant real estate according to the appraisal price pursuant to Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”).

E. After that, on March 13, 2014, the Plaintiff confirmed the death of the deceased, and corrected the indication of the party as the inheritor, and served a duplicate of the complaint on the Defendants.