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(영문) 서울북부지방법원 2016.03.31 2015가단107462

소유권이전등기

Text

1. The Defendant received KRW 186,800,000 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a) the annexed list;

Reasons

1. Basic facts

A. The Plaintiff is a cooperative established for a reconstruction improvement project of the size of 52,476 square meters in Gangnam-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Plaintiff obtained authorization for the implementation of the project on December 12, 2008 from the head of Gangnam-gu Seoul Metropolitan Government, and authorization for the implementation of the project on April 16, 2013, respectively.

B. The Defendant owned and occupied the real estate in the attached list in the above rearrangement project zone (hereinafter “instant housing”) and consented to the establishment of the Plaintiff’s association.

On the other hand, on the instant house, the Seoul Northern District Court's Dobong District Court's registration office was completed on August 21, 2012 by the registration of establishment of the neighboring establishment of the Seoul Northern District Court No. 53958.

C. From May 30, 2013 to July 28, 2013, the Plaintiff received an application for parcelling-out from a cooperative member, and extended the period to August 11, 2013 (hereinafter “first application for parcelling-out”); again, received an additional application for parcelling-out from April 29, 2014 to May 16, 2014 (hereinafter “second application for parcelling-out”).

However, the defendant did not file an application for parcelling-out during each of the above applications for parcelling-out.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6, 8, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion consented to the establishment of the Plaintiff’s association, but as the Plaintiff loses the status of the Plaintiff’s member because it did not file an application for parcelling-out, by applying mutatis mutandis Article 39 of the Act on the Maintenance of Urban Areas and Dwelling Conditions, the Plaintiff seeks implementation of the procedures for ownership transfer registration and the transfer of the instant housing upon cancellation of the registration of the establishment of the said mortgage on May 17, 2014, the date following the date following the end of the second application for parcelling-out, which is the date following the date of completion of the second application for parcelling-out, by exercising the right to claim a

B. As to the Defendant’s assertion, the time when the Defendant lost its membership is “when the application for the second application for parcelling-out, which is the time when it was able to maintain its membership.”