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(영문) 서울고등법원 2016.07.15 2015나4940

부동산소유권이전등기 등

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1. Defendant B of the Plaintiff (Counterclaim Defendant) among the judgment of the first instance, according to the Plaintiff (Counterclaim Defendant)’s claim on the principal lawsuit that was changed at the trial.

Reasons

1. Basic facts

A. The Plaintiff (Counterclaim Defendant, the former name before the change was “K District Housing Reconstruction Project Association,” but the former name was changed to the current name around September 201.

hereinafter referred to as "Plaintiff"

The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “Urban Improvement Act”).

A) Pursuant to the project implementation district (hereinafter “instant improvement zone”) with the area of project implementation (hereinafter “instant improvement zone”) of 57,930 square meters L in Ansan-si during Ansan-si.

(2) Defendant B, the Korea Culture and Arts D, the Korea Culture and Arts D D, the F, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) I, and the J (hereinafter collectively “Defendants”) within the instant rearrangement zone with the approval of establishment on September 29, 2009 for the purpose of removing existing buildings and constructing an apartment building. (2) Defendant B, the Korea Culture and Arts D, the Korea Culture and Arts D, the Korea Culture and Arts D Association (hereinafter “Defendant church”), the Korea Culture and Arts D, the F, the Defendant (hereinafter “Defendant”), and the J (hereinafter collectively “Defendants”).

1. Relevant real estate entered in the list (hereinafter referred to as "real estate of this case" according to the sequences Nos. 1 to 19), among the real estate in this case, attached Form among the real estate in this case

3. The term “shares” in the Do List is the holders of the shares.

B. On January 21, 2010, the Plaintiff’s peremptory notice and claim for sale was made by the Plaintiff. On January 21, 2010, Article 39 of the Urban Improvement Act and the Act on Ownership and Management of Condominium Buildings (hereinafter “Aggregate Buildings Act

Pursuant to Article 48, each letter of peremptory notice was sent to demand reply to whether the union is approved or not to establish an association.

Each of the above peremptory notices was served on the remaining Defendants except Defendant B and J, but the remaining Defendants, except Defendant B and J, who were served with each of the above peremptory notices, did not reply to the Plaintiff by the lapse of two months thereafter.

[Attachment] to the above Defendants

3. The term "real estate" in the Do Governor's Schedule refers to the case in which the intent to claim sale of the pertinent share is expressed in accordance with the market price.