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(영문) 서울북부지방법원 2011.11.25 2009가합9922

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and rearrangement project association established to implement a reconstruction improvement project by making the size of 14,916.70 square meters, including the real estate listed in the attached list (hereinafter “each real estate of this case”) as an improvement zone, and the Defendant is the owner of each real estate of this case.

B. On July 13, 2006, the head of Jung-gu Seoul Metropolitan Government approved the establishment of the AHousing Reconstruction Promotion Committee (the name at the time was the E-Buk Housing Construction Promotion Committee; hereinafter referred to as the “Establishment Promotion Committee”) for the purpose of implementing a housing reconstruction project by setting the size of 1,621.43 square meters outside Seoul, Jung-gu, Seoul, and 94 square meters as a planned project implementation area under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9444, Feb. 6, 2009; hereinafter referred to as the “former Urban Improvement Act”).

C. On November 20, 2008, the Seoul Special Metropolitan City Mayor designated and publicly announced as a A-house reconstruction improvement zone (hereinafter “instant improvement zone”) the Jung-gu Seoul Special Metropolitan City public notificationF 14,916.7 square meters as the Seoul Jung-gu Seoul Special Metropolitan City Seoul Special Metropolitan City public notification.

(hereinafter referred to as “instant rearrangement zone designation”) D.

From the time of obtaining approval for establishment, Article 15 (2) of the former Act begins to obtain a written consent required for authorization for establishment of the association according to Article 34 and attached Form 3-1 of the Operational Rules for the Establishment of the association for maintenance and improvement projects as publicly notified by the Minister of Construction and Transportation.

E. On December 18, 2008, the Establishment Promotion Committee held an inaugural general meeting of the Association, and applied for authorization for the establishment of the Plaintiff to the head of Jung-gu Seoul Metropolitan Government, along with the documents required under the former Act on the Maintenance of Urban Areas, such as the written consent received as above, and the head of Jung-gu Seoul Metropolitan Government, on April 16, 2009.