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(영문) 서울동부지방법원 2016.06.23 2014가합7207

소유권이전등기등

Text

1. The Plaintiff, among the real estate listed in Appendix 1:

A. Defendant B is concurrently paid KRW 210,000,000 by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was a corporation established in Songpa-gu Seoul Metropolitan Government to implement A Apartment Housing Reconstruction Improvement Project (hereinafter “instant project”), and was authorized to establish an association from the head of Songpa-gu Office on December 19, 2013.

The Defendants are the owners of each share listed in the separate sheet No. 2 (hereinafter “instant share”) among the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) in the improvement zone for the instant project.

B. Around February 2014, the Plaintiff sent a written peremptory notice to the Defendants, who did not consent to the establishment of the Plaintiff, demanding them to reply within two months. However, all of them were returned to the absence of closed text.

C. Accordingly, the Plaintiff, through the service of a duplicate of the instant complaint attached by the foregoing peremptory notice, declared the Defendants to express their intent to claim the sale of each of the instant shares. The duplicate of the instant complaint was served on Defendant C, D, G, I, and J on August 7, 2014, Defendant B, and E on August 8, 2014, and Defendant F on August 11, 2014, respectively, and was served on Defendant H on March 20, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. In a case where a housing reconstruction and rearrangement project association, which was established under a sales contract, files a lawsuit seeking the implementation of procedures for the registration of ownership transfer by exercising the right to demand sale against a person who does not consent to the establishment of an association, and a copy of the lawsuit is accompanied by a peremptory notice of reply as to whether to participate in reconstruction, as long as the association has given a peremptory notice on the right to demand sale through the service of a copy of the written complaint attached by the peremptory notice, it can be deemed that the other party has the same effect as exercising the right to demand sale on the day following the expiration of the return period