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(영문) 수원지방법원성남지원 2015.12.16 2014가합6790

소유권이전등기 등

Text

1. Defendant B received KRW 472,000,000 from the Plaintiff at the same time, and simultaneously received from the Plaintiff:

A. Attached Form 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) that completed the establishment registration on September 26, 2013 after obtaining authorization for establishment from the Seongdong-si mayor on September 25, 2013 in order to implement a reconstruction project (hereinafter “instant project”) on H and I large scale 181,447 square meters in Sungnam-si, Sungnam-si. The Defendants are owners or co-owners of each real estate listed in the separate sheet in the instant project area (hereinafter “the instant real estate”).

B. The Plaintiff’s peremptory notice of consent to the establishment of the association and the Plaintiff’s right to demand sale is 1) The Plaintiff’s maximum and right to demand sale, which did not consent to the establishment of the association until June 10, 2014, to the remainder of the Defendants except Defendant F and G, who did not consent to the establishment of the association until June 10

(2) The Defendants, other than Defendant F and G, sent a written peremptory notice to the effect that they would reply within two months as to whether they consented to the establishment of an association pursuant to Article 48. However, the Defendants, other than Defendant F and G, did not reply until the lapse of two months even after the receipt of each written peremptory notice on June 11, 2014. (2) The Plaintiff sent a written peremptory notice to Defendant F and G, who did not consent to the establishment of an association until June 20, 2014, within two months, to the effect that they would reply within two months as to whether they agreed to the establishment of an association pursuant to Article 39 of the Urban Improvement Act and Article 48 of the Aggregate Buildings Act. However, Defendant F and G refused to receive each written peremptory notice, and the Plaintiff again sent it to Defendant F and G on July 10, 2014, but Defendant F and G refused to receive each of the said peremptory notices again.

3. On August 27, 2014, the Plaintiff filed the instant lawsuit against the Defendants on August 27, 2014, and against the remaining Defendants other than Defendant F and G, the instant case.