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(영문) 대전지방법원 2018.05.02 2015가합103641

소유권이전등기절차이행등 청구의 소

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1. The defendants receive the money stated in the separate sheet No. 1 column from the plaintiff and simultaneously receive the money from the plaintiff.

Reasons

Basic Facts

The plaintiff is the housing reconstruction and rearrangement project association established to remove old and inferior housing units in Daejeon Jung-gu V, and build housing units on the site of the removal. The defendants are the owners of land and buildings located in the plaintiff's business area, who agreed to the housing reconstruction project of the plaintiff.

The Plaintiff received an application for parcelling-out from November 8, 2007 to December 8, 2007 under Article 46 (1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 7392, Mar. 18, 2005; hereinafter “former Act”) after obtaining authorization to implement a rearrangement project under Article 28 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 7392, Nov. 8, 2007; hereinafter “former Act”).

(1) The Plaintiff sent a notice to the Plaintiff that “The period for application for parcelling-out from December 20, 2007 to January 14, 2008 is extended from December 26, 2007 to January 2008). After obtaining approval from the management and disposition plan on December 3, 2008, the Plaintiff sent a notice to the Plaintiff that “the number of union members shall be disqualified pursuant to Article 41 of the Association’s articles of association if the agreement for parcelling-out is not concluded until October 31, 2013, and shall be classified as a person subject to cash settlement” (hereinafter “instant notice”).

Defendant B, D, E, I, M,O, and S did not apply for parcelling-out by January 14, 2008, and Defendant C, F, H, K, L, L, N, P, Q, R, and U did not enter into a parcelling-out contract by October 31, 2013 after filing an application for parcelling-out.

Article 41 (Application for Parcelling-Out, etc.) (4) A union member shall liquidate in cash buildings and other rights within 150 days from the date he/she falls under any of the following subparagraphs if he/she falls under any of the following subparagraphs:

The amount shall be calculated by averaging the amount appraised by at least two appraisal business entities recommended by the head of a Si/Gun.

1. An applicant for parcelling-out;

2. A person who withdraws an application for parcelling-out;

3. A person excluded from sale under the authorized management and disposal plan.