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(영문) 서울서부지방법원 2015.01.28 2014가단213328

소유권이전등기

Text

1. Defendant B, the Plaintiff, and Defendant B’s 275,045,397, respectively, and Defendant C’s 50,000,000 won.

Reasons

1. Basic facts

A. On February 1, 2007, the Plaintiff is a reconstruction maintenance project partnership that obtained authorization from the head of Yongsan-gu Office on February 1, 2007 for the reconstruction project of the Yongsan-gu Seoul Metropolitan Government House for the second floor apartment building (five units of the apartment building of each underground second floor, 44 units of the land, etc.) and thereafter, four persons who did not consent to the reconstruction project were all members of the owners of the land, etc., and Defendant B is a co-owner of the real estate stated in the attached Form (hereinafter the instant real estate) and the lessee of the instant real estate.

B. The Plaintiff was authorized to implement a project by the head of Yongsan-gu around April 2008, but the reconstruction project was not properly implemented due to the progress of corporate rehabilitation procedures of the dong Yang Construction Industry selected as a Si project implementer on December 23, 2013, and publicly notified that the Plaintiff shall apply for parcelling-out from December 30, 2013 to January 29, 2014 to its members after obtaining authorization for the change of the project implementation plan from the head of Yongsan-gu Office, and the Defendant did not apply for parcelling-out during the said period for parcelling-out within the extended period, but the Defendant did not apply for parcelling-out during the said period.

C. Article 42(4) of the Plaintiff’s articles of incorporation provides that where a partner fails to apply for parcelling-out within the period of application for parcelling-out, the partner is liquidated in cash for the buildings or other rights in the rearrangement zone owned by him.

The market price of the instant real estate, including the development gains on February 21, 2014, as a result of the commission of appraisal by the appraisal corporation of the same court, is KRW 335,00,000.

E. Meanwhile, Defendant B leased the instant real estate to Defendant C by setting the lease deposit amount of KRW 50,00,000,000, and Defendant C occupied and used the instant real estate at the time of the closing of the argument in the instant case.

F. The Plaintiff was authorized by the head of Yongsan-gu on August 11, 2014 and on the same day.