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(영문) 부산지방법원 2018.07.18 2018나41198

소유권이전등기

Text

1. Revocation of the first instance judgment.

The defendant shall receive 140,356,800 won from the plaintiff at the same time, and Ga.

Reasons

1. As to the part of the underlying facts, the relevant part of the reasoning of the first instance judgment shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Notwithstanding the provisions of Article 16 (2) of the Urban Improvement Act, when an area which is not a housing complex is included in a rearrangement zone, consent of not less than 3/4 of the owners of lands or structures within such area and landowners who own not less than 2/3 of land area shall be obtained.

When a project implementer implements a housing reconstruction project or a block-unit housing rearrangement project, he/she may file a claim for sale with a person falling under any of the following subparagraphs by applying mutatis mutandis Article 48 of the Act on Ownership and Management of Condominium Buildings:

In such cases, a rebuilding resolution shall be deemed to be the consent to the establishment of a partnership, and sectional ownership and right to use site shall be deemed the ownership and other rights of the land or building subject to the claim for sale in the project implementation district.

2. Article 48 (1) of the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the "Act on Ownership and Management of Condominium Buildings") (1) Where a resolution for reconstruction exists, the person who convened the meeting shall, without delay, urge in writing the sectional owners (including his/her successor) who did not approve the resolution to reply to whether he/she will participate in the reconstruction in accordance with the contents of the resolution;

(2) Each sectional owner who is urged to reply under paragraph (1) shall reply within two months from the date of urged.

(3) If a sectional owner fails to reply within the period under paragraph (2), he/she shall be deemed to have dispatched a reply to the effect that he/she will not participate in the re-building.

(4) Upon the expiration of the period under paragraph (2), each sectional owner who approved the rebuilding resolution and the purport of participation in rebuilding according to the details thereof.