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(영문) 광주지방법원 2018.10.25 2017가단24989

소유권이전등기 등

Text

1. The defendant received KRW 58,000,000 from the plaintiff at the same time, and simultaneously received from the plaintiff:

(a) real estate listed in the separate sheet;

Reasons

1. Basic facts

A. The building in Gwangju Northern-gu C and D consists of Edong and Fdong, and the two columns of the first floor of 6, 7Ra on July 24, 2014 were destroyed (hereinafter “instant safety accident”). The precise safety diagnosis was conducted on July 24, 2014.

As a result, in both E-dong and F-dong, problems such as “explosive exposure to steel, corrosion, concrete stuff, cracks of the outer wall of underground floor, and the hallway of the entire building to the corridor” have been discovered, and “the safety of the facility is dangerous due to serious defects in the safety grade E-, namely, the condition that the use of the facility should be prohibited, and reinforcement or reconstruction should be performed,” and the order for evacuation of residents has been issued to F-dong.

B. After the instant safety accident, the Plaintiff obtained authorization for the establishment of a housing redevelopment and consolidation project association from the head of Gwangju North-gu Office on May 16, 2017 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of housing reconstruction improvement of a building in the area of 6,873 square meters in Gwangju North-gu, Gwangju, North-gu, Gwangju, and completed the establishment registration on May 25, 201, and the Defendant is the owner of the real estate listed in the attached list

C. On June 14, 2017, the Plaintiff asked the Defendant whether he/she consents to the establishment of the Plaintiff’s association. On the other hand, the Plaintiff sent a public notice to the effect that “if he/she does not consent to the establishment of the association within two months from the date of receipt of the public notice, he/she shall be subject to a claim for sale, and the Plaintiff shall exercise the claim for sale pursuant to Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Building Act”).

E. On September 26, 2017, the Plaintiff filed the instant lawsuit and stated in the complaint that he/she shall exercise the right to demand sale under Article 39 of the Urban Improvement Act, and the duplicate of the said complaint.