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(영문) 서울북부지방법원 2018.08.23 2017가합26472

소유권이전등기

Text

1. The Plaintiff:

A. As to each real estate listed in the separate sheet No. 1, Defendant B:

B. The defendant C shall be listed in the annexed Table 2.

Reasons

Basic Facts

The plaintiff was authorized to establish a housing reconstruction project partnership established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") on January 31, 2007 for the purpose of promoting a housing reconstruction project in Seoul Special Metropolitan City, Nowon-gu D.

The Defendants are those who own the relevant real estate listed in the separate sheet in this rearrangement project zone.

Upon the completion of the improvement project, the plaintiff designated the period of application for parcelling-out from August 1, 2016 to August 31, 2016, and notified and announced the application for parcelling-out, and the defendants applied for parcelling-out within the period of application for parcelling-out.

The head of Nowon-gu in Seoul Special Metropolitan City approved the management and disposition plan of the plaintiff on May 26, 2017, and announced it to Nowon-gu in Seoul Special Metropolitan City on June 1, 2017.

On July 6, 2017, the Plaintiff publicly announced that the Plaintiff will make the registration of trust from July 12, 2017 to July 18, 2017 and submit necessary documents to the Plaintiff.

In addition, according to Articles 37 and 42 of the articles of association of the cooperative, it was announced that the period of relocation should be fixed from August 7, 2017 to November 6, 2017 and the application for relocation expenses can be made.

At the time, the plaintiff also announced that the plaintiff may file a lawsuit for the delivery of real estate and the performance of trust registration for the non-compliance with the registration of trust without completing the relocation within the resettlement period.

The provisions of the former Urban Improvement Act (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter the same shall apply) and the articles of association of the Plaintiff, which were enforced at the time of the relevant regulations, are as follows:

Article 38 (Expropriation or Use of Land, etc.) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall be limited to projects falling under Article 8 (4) 1 in a rearrangement zone, if necessary for implementing a rearrangement project (limited to projects falling under Article 8 (4) 1 in cases of a housing reconstruction project).