소유권이전등기 등
1. According to the Plaintiff’s expansion of the purport of the claim in the trial, the part against Defendant B, C, G, and H in the judgment of the first instance.
1. In fact, the Plaintiff is a housing reconstruction association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting housing reconstruction projects for apartments and commercial buildings in Seoul Special Metropolitan City, including each real estate listed in the attached list (hereinafter “attached real estate”), and completed the establishment registration on July 27, 201 after obtaining authorization from the head of Gwangjin-gu Seoul Special Metropolitan City Office for the establishment of the association on August 3, 201.
At the time of October 20, 201, the filing date of the instant lawsuit, Defendant B owned the real estate in attached Forms 1 and 2; Defendant C, each of the real estate in attached Forms 3 and 4; Defendant E, each of the real estate in attached Forms 5 and 6; Defendant F, each of the real estate in attached Forms 7 and 8; Defendant G, each of the real estate in attached Forms 9 and 10; Defendant H occupied the real estate in attached Forms 9 and 11 and 12; and the Defendants did not join the Plaintiff as the Plaintiff’s members.
On September 15, 2011, the Plaintiff sent to the Defendants a brief statement of the consent to the establishment of an association with the title "an guide (the peremptory notice to the consent to the establishment of an association)". On October 20, 2011, the Plaintiff filed the instant lawsuit and notified the Defendants to answer whether to participate in re-building pursuant to Article 39 of the Urban Improvement Act and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act") and expressed their intent to exercise the right to demand sale without reply within two months after receiving the written peremptory notice attached to the written consent.
The duplicate of the instant complaint was sent to Defendant B, C, E, and F on November 14, 201, respectively, to Defendant G and H on November 15, 201, and the Defendants did not state their intent to participate until the lapse of two months even after receiving the duplicate of the instant complaint.
Article 39 (Request for Sale) of the Urban Improvement Act (Amended by Act No. 11293, Feb. 1, 2012) Article 39 (Request for Sale)