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(영문) 창원지방법원마산지원 2013.11.08 2013가합928

소유권이전등기등

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1. The Defendants shall receive KRW 104,000,000 each from the Plaintiff at the same time, and each of them shall be listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) established to carry out a housing reconstruction project (hereinafter “instant reconstruction project”) in the L zone in Changwon-si, Changwon-si.

B. The Defendants are those who own and possess each real estate listed in the separate sheet within the implementation zone of the instant reconstruction project, and are the Plaintiff’s members who agreed to the instant reconstruction project.

C. After receiving project implementation authorization on December 20, 207, the Plaintiff received the application for parcelling-out from its members from October 17, 201 to November 16, 201.

However, the Defendants did not apply for parcelling-out until the period of application for parcelling-out expires.

On September 20, 2012, the Plaintiff obtained approval of a management and disposal plan based on the current status of application for parcelling-out from the original market.

E. The value of each real estate listed in the separate sheet calculated as of November 17, 201 is KRW 116,00,000, respectively.

F. The establishment registration of a mortgage between the maximum debt amount of KRW 24 million and KRW 12 million, respectively, on the real estate indicated in the separate sheet, and the establishment registration of a mortgage between the maximum debt amount of KRW 12 million and KRW 12 million, on the real estate indicated in the separate sheet, on the real estate indicated in paragraph (5) of the attached list, the establishment registration of a mortgage between the maximum debt amount of KRW 60 million and the maximum debt amount of KRW 32.4 million, on the real estate indicated in the attached list, on the real estate indicated in paragraph (9) of the attached list, the establishment registration of a mortgage between the maximum debt amount of KRW 32.4 million and KRW 13.2 million and KRW 1

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6 (including each number; hereinafter the same shall apply), the result of a commission of appraisal to an appraisal corporation by an appraisal corporation, the purport of the whole pleadings

2. Determination

A. The project implementer’s right to claim sale stipulated in Article 39 of the Act on the Establishment of a Sales Contract upon the exercise of the right to claim sale is, in principle, against non-members and agrees to establish an association.