beta
(영문) 광주지방법원 2018.10.12 2017가단24958

소유권이전등기 등

Text

1. The defendant received KRW 59,000,000 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. Gwangju Northern-gu C and D ground Astresh consisting of Adong and B, and on July 24, 2014, two columns of the first floor, 6, 7Ra, under B, were destroyed due to the sudden damage (hereinafter “instant safety accident”).

As a result, both A and B have observed the problems such as the exposure of steel bars, corrosion, concrete stuff, rupture of the outer wall of underground floors, and the hallway of the whole building to the corridor, and safety grade E (the condition that the use of facilities should be prohibited and reinforcement or reconstruction should be performed due to serious defects in major absence) has been received, and the resident evacuation order has been issued for B Dong.

B. After the safety accident in the instant case, the Plaintiff is an association that obtained authorization for the establishment of a housing redevelopment project association from the head of Gwangju North Korea on May 16, 2017 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and completed the establishment registration on May 25, 201.

C. The real estate listed in the attached list is in Amera Dong within the said rearrangement project zone, and is owned by the Defendant.

On June 14, 2017, the Plaintiff asked the Defendant whether he/she consents to the establishment of the Plaintiff Union. On the other hand, if he/she does not consent to the establishment of the association within two months from the date of receipt of the official document, the Plaintiff Union sent an official document to the effect that it shall exercise the right to demand sale in accordance with 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. The Defendant is served on business,

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 copy of the complaint was served on the Defendant on September 29, 2017.