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(영문) 대구지방법원 2017.08.17 2016가합201061

소유권이전등기

Text

1. Defendant B received KRW 76,211,390 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a) Appendix 1:

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction improvement cooperative established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing reconstruction improvement project for the Daegu Southern-gu H Group (hereinafter “instant project site”). On September 24, 2015, the Plaintiff was authorized to establish an association by the head of the Daegu-gu Seoul Metropolitan Government, and completed the establishment registration on October 26, 2015.

B. The Defendants are each owners of each real estate indicated in the separate sheet located within the instant project site, and are the owners of each real estate indicated in the separate sheet, who owns only the land stipulated in Article 2 subparagraph 9 (b) of the Urban Improvement Act or Article 39 subparagraph 2

C. On June 26, 2015, the Plaintiff’s promotion committee held an inaugural general meeting and passed a resolution on the implementation plan for reconstruction improvement projects. Under Article 16(3) of the Urban Improvement Act, the Plaintiff’s promotion committee shall obtain consent from at least 3/4 (75%) of landowners and at least 2/3 (6.6%) of the total number of 134 landowners (19 landowners’ housing and 97 appurtenant and welfare facilities, and 18 landowners’ owners) in the instant improvement zone, and apply for authorization for the establishment of a housing association with consent of at least 15,812 square meters (72.5%) of the total size of land, among the total size of 21,808 square meters (72.5%) and the land owner’s consent should be obtained.

On September 24, 2015, the head of Daegu Metropolitan City is authorized by the head of the Gu.

The Plaintiff urged the Defendants, who did not agree to the establishment of an association pursuant to Article 39 of the Act on the Ownership and Management of Aggregate Buildings and Article 48(1) of the Act on the Ownership and Management of Aggregate Buildings, to reply within two months to whether they agree to the establishment of the association, and, if they do not reply, to exercise the right to demand sale on October 27, 2015, respectively, by mail, to Defendant B, C, D, E, and F, and Defendant G on November 4, 2015.