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(영문) 광주지방법원 2018.10.19 2017가단25067

소유권이전등기 등

Text

1. The defendant received KRW 66 million from the plaintiff and simultaneously received payment from the plaintiff to the plaintiff

(a) real estate listed in the separate sheet;

Reasons

1. Basic facts

A. Gwangju Northern-gu C and D Ground A are composed of Edong and Fdong, and the precise safety diagnosis was conducted on July 24, 2014, as two columns of the first floor 6, 7 Lins under F consent were destroyed by sudden damage (hereinafter “instant safety accident”).

As a result, the E-dong and F-dong have observed the problems such as the exposure of steel bars, corrosion, concrete stuffing, rupture of the underground floor outer wall, and the hallway of the whole building to the corridor, and the safety grade E (the condition that the use of each facility should be prohibited and reinforcement or reconstruction should be conducted due to serious defects in major absence) has been received, and the order for evacuation of residents has been issued to F-dong.

B. After the instant safety accident, the Plaintiff is a cooperative that obtained authorization for the establishment of a housing reconstruction and improvement project association from the head of Gwangju Metropolitan City North Korea on May 16, 2017 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for a housing reconstruction improvement project of a building in the area of 6,873 square meters of the 6,873 square meters of the Seoul Northern-gu Gwon, Gwangju

C. The real estate indicated in the attached list (hereinafter “instant real estate”) is located within the building E-dong within the said rearrangement project zone, and the Defendant owns it.

On June 14, 2017, the Plaintiff asked the Defendant whether he/she consents to the establishment of the Plaintiff association, and if he/she does not consent to the establishment of the association within two months from the date of receipt of the official document, he/she shall be subject to a claim for sale, and send an official document to the effect that he/she shall exercise the right to demand sale pursuant to Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), and the Defendant

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.