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(영문) 의정부지방법원 2015.04.29 2012가합71869

매도청구(소유권이전등기청구)등

Text

1. The Plaintiff:

A. Defendant B received KRW 30,956,00 from the Plaintiff, and at the same time, attached Table 1 through 4.

Reasons

1. Basic facts

A. On January 20, 201, the Namyang-si Mayor: (a) designated the zone A (EF apartment) housing reconstruction zone of the zone D 39,145m2 (hereinafter “instant project zone”).

Plaintiff

A union is a reconstruction association which completed the registration of establishment on January 12, 201 with the authorization of establishment from the Namyang-ju mayor on December 29, 201 for a reconstruction project to remove old EF apartment and build a new apartment on the ground in the instant project zone. Defendant B owns the real estate listed in attached Table 1 through 4 in the instant project zone, and Defendant C owns the real estate listed in attached Table 5 in the instant project zone.

B. The Plaintiff Union notified the Defendants to join the Plaintiff Union by the delivery of a duplicate of the complaint in this case, and notified the Defendants of the purport that, within two months from the date of receiving the duplicate of the complaint in this case, the Plaintiff Union may request the Plaintiff Union to sell the ownership and other rights of the land or building at the market price by deeming that it did not consent if it did not reply to the establishment of the Plaintiff Union and the subscription to the Plaintiff Union, and that, under the condition of suspension, the Defendants did not join the Plaintiff Union, the Plaintiff Union may request the sale of the land or building at the market price under Article 39 subparagraph 1 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), Article 48 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Aggregate Act”), the Defendant C shall exercise the right to demand sale under Article 39 subparagraph

The contents of the relevant statutes are as follows:

When a project implementer implements a housing reconstruction project or a block-unit housing rearrangement project, the Act on Ownership and Management of Condominium Buildings shall apply to any of the following persons' land or buildings: