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(영문) 서울동부지방법원 2014.09.23 2012가단42254

소유권이전등기

Text

1. The Plaintiff:

A. Defendant B received KRW 416,520,00 from the Plaintiff and simultaneously entered in the separate sheet 1 and 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting housing reconstruction projects for apartment and commercial buildings in Gwangjin-gu, Seoul, including each real estate listed in the separate sheet (hereinafter “instant real estate”). On July 27, 201, the Plaintiff completed the establishment registration on August 3, 201 with the approval from the head of Gwangjin-gu, Seoul.

B. At the time of July 23, 2012, the filing date of the instant lawsuit, Defendant B owned the real estate listed in the separate sheet 1 and 2; Defendant C, the real estate listed in the separate sheet 3; Defendant C, the real estate listed in the separate sheet 4; Defendant D, the real estate listed in the separate sheet 6; Defendant E, the real estate listed in the separate sheet 7; and Defendant AB owned the real estate listed in the separate sheet 8; and Defendant B owned the real estate listed in the separate sheet 8; however, the said owner was not entitled to obtain the Plaintiff’s membership status as the Plaintiff’s association because it did not fall under the owner of the building and

C. Meanwhile, on November 23, 1983, the Z jointly inherited the Z’s property at the rate of 3/15, the Defendant F, G’s 7/280 shares, Defendant H H’s 84/280 shares, Defendant H’s 56/280 shares, Defendant K, L’s 16/280 shares, Defendant M’s 14/280 shares, Defendant NN’s 56/280 shares, and the AB died on October 31, 201, and jointly inherited the Z’s property at the rate of 2/15 shares. AA died on June 21, 1971 and jointly inherited the Z’s property at the rate of 3/15, Defendant P, Q, R, T, and U’s shares. AA died on June 21, 1971.

Plaintiff

A union, upon filing the instant lawsuit against the Defendants, urged the Defendants to answer whether to participate in the re-building under Article 39 of the Act on the Ownership and Management of Aggregate Buildings and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), and received a copy of the said complaint.