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(영문) 대구지방법원 2018.01.26 2017가합202849

소유권이전등기

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1. The defendant shall receive KRW 1,021,651,880 from the plaintiff and shall list the plaintiff in attached Form.

Reasons

1. Basic facts

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a housing reconstruction and improvement project association established to remove old and inferior existing buildings located within 59,673.80 square meters (hereinafter “instant rearrangement zone”) in Daegu-gu Seoul-gu Seoul-gu Seoul-gu, and implement a housing reconstruction and improvement project (hereinafter “instant rearrangement project”) with the aim of newly constructing apartment units 1,069 households and neighborhood living facilities on the ground.

On October 28, 2016, the Plaintiff obtained authorization to establish an association from the head of Daegu Metropolitan City, the head of the Gu and completed the establishment registration on October 31, 2016.

(2) The Defendant is the owner of each real estate indicated in the “real estate indication” column in the annexed sheet in the instant improvement zone (hereinafter “each of the instant real estate”).

B. The highest plaintiff as to whether to agree to establish an association on January 26, 2017 and the same year

2. 21. The Defendant sent a peremptory notice (hereinafter “instant peremptory notice”) to the effect that “if it is deemed that he/she consents to the establishment of the association within two months from the date of receipt of the peremptory notice, demands the Defendant to reply in writing, and if it is deemed that he/she did not reply within two months from the date of submission or receipt of an explicit intention not to participate in the establishment of the association, and that he/she did not consent to the establishment of the association, he/she would exercise the right to demand sale under Article 39 of the Urban Improvement Act and Article 48(4) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”). The Defendant did not respond to whether he/she consents to the establishment of the association within two months from the receipt of the said peremptory notice on February 23,

C. The Plaintiff exercised the Plaintiff’s right to sell each of the instant real estate owned by the Defendant by serving a duplicate of the instant complaint on the Defendant, and the duplicate of the instant complaint was served on the Defendant on April 28, 2017.

[Ground of recognition] dispute.