소유권이전등기등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a person holding a general meeting on November 28, 2008 for the purpose of rebuilding a Daegu-gu C-ground A-A apartment. On February 11, 2010, the Plaintiff obtained authorization for the establishment from the head of Daegu-gu Seoul Metropolitan Government, and is a housing reconstruction and improvement project association that completed the registration of incorporation on February 24, 2010. 2) The Defendant is a person holding a share of the above A-A apartment that owns real estate listed in the attached Table.
B. On June 1, 2011, the Plaintiff may file a claim for sale with the Defendant by applying mutatis mutandis Article 48 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act”) Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 201; hereinafter “former Act”).
In such cases, the rebuilding resolution shall be deemed the consent to establish a cooperative (referring to the consent to the designation of a project implementer in the case of subparagraph 3), and the partitioned ownership and the right to use site shall be deemed the ownership and other rights of the land or buildings subject to the claim for sale in the project
1. A person who fails to consent to the establishment of an association under Article 16 (2) and (3);
2. A person who owns only buildings or land;
3. A person who fails to give consent to the designation of the head of a Si/Gun or a project implementer of the Housing Corporation, etc. under Article 8 (4), and a person who has convened an assembly when a resolution for reconstruction has been adopted under Article 48 of the Act on Ownership and Management of Condominium Buildings (amended by Act No. 10204, Mar. 31, 2010; hereinafter referred to as the "Aggregate Buildings Act") Article 48 of the Aggregate Buildings Act (amended by Act No. 10204, Mar. 31, 2010); and a person who has convened an assembly shall promptly answer whether he/she will participate in the reconstruction