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(영문) 서울고등법원 2017.07.13 2016나2057725

소유권이전등기등

Text

1. The part against Defendant P and I in the judgment of the first instance shall be modified as follows:

Defendant P and I shall attach 2.3 from the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was established to implement a housing reconstruction improvement project (hereinafter “instant project”) at H G of Mapo-gu Seoul Metropolitan Government (hereinafter “G”), 65,148 square meters, and the Defendants owned real estate located in the instant project area, such as the attached Table 1.

B. An association establishment authorization and an amendment authorization shall be granted to the owner of land, etc. (hereinafter “Urban and Residential Environment Improvement Act”) within a new project zone as the instant project zone expanded on August 19, 2010 is designated and announced as a housing reconstruction zone as the housing reconstruction zone. The Plaintiff shall be granted an association establishment authorization on May 27, 2003 and completed the establishment registration on July 30, 2003.

(2) On June 26, 2012, with the consent of at least 75% (referring to “owner of land, etc.,” as stipulated in subparagraph 9(b) of Article 2) and with the consent of at least 75%, the association establishment authorization (hereinafter “instant authorization”) was completed on June 29, 2012.

C. On October 5, 2012, the Plaintiff sent a written peremptory notice to the Defendants to the effect that “if the Plaintiff consented to the change of the establishment of the association within two months from the date of receipt of the written peremptory notice, and if it is deemed that the Plaintiff did not consent to the change of the establishment of the association within two months, or that the Plaintiff did not consent to the change of the establishment of the association within two months, the Plaintiff would exercise the right to demand sale under Article 39 of the Act on the Improvement of Urban Areas and Dwelling.” However, the Plaintiff did not have reached the delivery of the said peremptory notice on October 9, 2012. However, it is insufficient to recognize it solely on the basis of the written peremptory notice of subparagraphs 10-23, 11-23, and 23-23 of the evidence No. 11. Defendant N and P did not answer that two months have passed since the receipt of the written peremptory notice on the corresponding date stated in the column.”