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(영문) 서울동부지방법원 2015.04.23 2013가합13885

소유권이전등기 등

Text

1. The Plaintiff:

A. Defendant B shall enter the attached list in the attached list

1. With respect to real property:

B. Defendant C and Defendant D shall be listed in the separate sheet.

Reasons

1.The following facts may be found either in dispute between the parties or in full view of the statements in Gap's 1 to 22, 27, 31 to 53, Eul's 3, 4, 6, Eul's 1 to 9, and 12 to 14 (including each number), and the whole purport of the pleadings:

The Plaintiff is a housing reconstruction and rearrangement project association established to implement a reconstruction project (hereinafter “instant reconstruction project”) of A1, 24 apartment units, 6,600 units, and 324 stores (hereinafter “instant apartment complex”) established in Songpa-gu Seoul Metropolitan Government F and G, and the Defendants are co-owners of each real estate (hereinafter “instant real estate”) indicated in the separate sheet located within the rearrangement zone of the said reconstruction project (hereinafter “instant rearrangement zone”).

B. Around July 13, 2002, some of the sectional owners of the apartment complex of this case constituted the “A apartment settlement shares promotion committee” instead of the management body meeting prescribed by the Act on Ownership and Management of Condominium Buildings. 2) On May 24, 2003, the said promotion committee held the 4,280 general meeting among the sectional owners of the apartment complex of this case, among the total 6,802 sectional owners of the apartment complex of this case, in which 4,280 of the total number of the sectional owners of the apartment complex of this case actually attended or the “the inaugural general meeting document resolution” was submitted in lieu of attendance. A resolution of reconstruction (hereinafter “the first reconstruction resolution”), approval of the regulations of the association, the resolution of the head of the association, the resolution of the appointment of the head of the association, the

3. The plaintiff received a written consent to the re-building resolution and project implementation agreement from the total of 5,786 sectional owners, including sectional owners who participated in the above general meeting. On June 12, 2003, the plaintiff obtained authorization from the head of Songpa-gu for the establishment of a partnership with H and members of H and the above 5,786. < Amended by Presidential Decree No. 18173, Jul. 2, 2003>