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(영문) 서울동부지방법원 2013.09.03 2013가합5778

소유권이전등기 등

Text

1. The defendant is based on the trust on June 12, 2003 regarding the real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction project partnership established to implement a housing reconstruction project (hereinafter “instant reconstruction project”) in a complex for A1 and secondary apartment buildings (hereinafter “instant apartment buildings”) on a quantity of land equal to the size of 392,652 square meters in Songpa-gu Seoul Metropolitan Government, Songpa-gu and D, 5,355.3 square meters, and the Defendant is the owner of the real estate in the attached Table (hereinafter “instant real estate”) located in the rearrangement zone for the instant reconstruction project.

B. On July 13, 2002, the Plaintiff’s establishment and the first reconstruction resolution (1) partially divided owners of the apartment of this case constituted a “A apartment settlement shares promotion committee” (hereinafter “the instant promotion committee”) instead of the management body meeting under the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”).

(2) On May 24, 2003, the instant promotion committee held the inaugural general meeting of the reconstruction association among the 6,2802 sectional owners of the instant apartment, or the 4,280 persons among the 6,2802 sectional owners of the instant apartment, who actually attended or submitted the “Inaugural general meeting document resolution” in lieu of the attendance. A resolution for reconstruction at the said general meeting of the reconstruction association (hereinafter “the first reconstruction resolution”), approval of the regulations of the association, a resolution on the method of business, a resolution on the appointment of

(3) The Plaintiff, including the sectional owners who participated in the above resolution at the inaugural general meeting, received the “written consent for reconstruction resolution and project implementation” with the contents of consent to the said resolution for the first re-building from the sectional owners. On June 12, 2003, the Plaintiff obtained on June 12, 2003 the authorization from the head of Songpa-gu for the establishment of the association with the representative E and the members of E and the above 5,786, and completed the registration of the establishment on July

[Plaintiff was originally named as “A Apartment Reconstruction Association,” and July 1, 2003, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

The name was changed following the enforcement of the Act, and the Act on the Maintenance of Urban Areas.