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(영문) 수원지방법원 2019.09.04 2017가합12021

소유권이전등기

Text

1. The Defendants, the Defendant (Appointeds), and the designated parties are described respectively by the Plaintiff in the “sale Price” column in the attached Table 1 sheet.

Reasons

1. Basic facts

A. 1) The Plaintiff is the party to the instant improvement zone, both of which are 53,391,02 square meters in Suwon-gu, Suwon-si, Suwon-si (hereinafter “instant improvement zone”).

(2) In the case of the Housing Reconstruction Improvement Project (hereinafter “instant Project”)

In order to implement the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14576, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas”)

(2) The Defendants, the Defendant (Appointed Party) and the designated parties are the owners of each of the pertinent real estate indicated in the column for “the indication of real estate” in attached Table 2, located in the instant rearrangement zone, as indicated in the column for “the indication of real estate” in attached Table 2, located in the instant rearrangement zone, after obtaining authorization for establishment from the Suwon market on July 5, 2016.

(Attachment 2 Real Estate List No. 3 is registered in the name of “F,” but as F dies on May 28, 2007, the Defendant (Appointed Party) and the designated parties, each of whom are their children, own 1/4 shares by inheritance).

On February 21, 2017, the plaintiff asked the defendants and F to reply to whether they agree to the establishment of the association within two months from the date of receipt of the written peremptory notice, and if it is deemed that they did not consent to the establishment of the association or that they did not respond within two months, they would exercise the right to demand sale under Article 39 of the former Urban Improvement Act and Article 48 of the Act on Ownership and Management of Condominium Buildings (hereinafter "the Act"). The plaintiff submitted the complaint of this case (hereinafter "the written peremptory notice of this case"). The defendants, the defendants (appointed parties) and the designated parties did not clearly respond to whether they agree to the establishment of the association within two months from the receipt of the copies of the complaint of this case and the written peremptory notice of this case on each corresponding date stated in attached Table 1.

F. F. at the time of the instant lawsuit