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(영문) 춘천지방법원 2016.07.07 2016가단50552

소유권이전등기

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1. Defendant B and C shall be the Chuncheon District Court 2016Kahap1043.

Reasons

1. Indication of claim;

A. The Plaintiff is an association established for the purpose of the reconstruction project of A apartment units built on the ground of Chuncheon-si D, and the Defendant B and C are co-owners of each 1/2 share of the real estate listed in the attached Table 1, and the Defendant business golf Co., Ltd. (hereinafter “Defendant Company”) are the owners of two real estate listed in the attached Table 2.

B. On November 16, 2012, the Plaintiff obtained authorization for the change of the project implementation, and proceeded with the procedure for application for parcelling-out to the members from December 18, 2012 to January 31, 2013. The Defendants failed to apply for parcelling-out or withdrawn the application for parcelling-out.

C. The Plaintiff obtained authorization of a management and disposition plan on August 21, 2013, and publicly notified the management and disposition plan on August 22, 2013.

As of February 1, 2013, the market price of one real estate listed in the attached list is KRW 61,560,000, and the market price of two real estate listed in the attached list is KRW 86,270,000.

E. On June 9, 2016, the Chuncheon District Court issued a provisional attachment claim against the Defendants to preserve the Plaintiff’s right to claim KRW 1,200,000,000, which is a part of the right to claim the return of the loan to the Plaintiff of the non-party promotion company in the provisional attachment of ownership transfer registration claim against the Plaintiff of the non-party promotion company.

2. Where a judgment partner becomes a person subject to cash liquidation as stipulated in Article 47 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), such as failing to apply for parcelling-out or withdrawing application, etc., and the articles of association of the association, he/she shall lose his/her status as a partner, and has status as a person subject to withdrawal from the association. As such, a reconstruction association may file an application for registration of ownership transfer for real estate in

In such cases, the time when the obligation to pay the settlement money arises for a person subject to cash settlement shall be the following day of the expiration of the period of application for sale determined by the project implementer.