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(영문) 서울서부지방법원 2016.08.31 2015가합847

소유권이전등기 등

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1. The Defendants are each corresponding money indicated in the “sale price” column of the attached Table 3 sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established to implement a housing reconstruction improvement project (hereinafter “instant project”) on a scale of 4737.3 square meters in Mapo-gu Seoul Metropolitan Government D (hereinafter “D”) (hereinafter “D”), which obtained authorization to establish an association on November 7, 2007, completed the establishment registration on November 28, 200, and obtained authorization to change the association on November 18, 2014.

Meanwhile, the Defendants are only owners of the shares of each land located within the instant business area, as shown in the attached list 2.

B. On February 5, 2015, the Plaintiff filed the instant lawsuit against the Defendants, and stated in the complaint that “the Plaintiff shall exercise the right to demand sale as prescribed by Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.” The Defendants received copies of the complaint on each relevant date indicated in the attached Table 3’s “the date of sale.”

[Reasons for Recognition] Facts without any dispute, obvious in records, Gap 1, 2, 3-4, 3-5, 3-6, the purport of the whole pleadings

2. Establishment of obligation to transfer ownership;

A. According to the facts of the establishment of a sales contract, the Defendants are only owners of land shares located in a housing reconstruction project zone and are the parties to a claim for sale pursuant to Article 39 subparagraph 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. Thus, the Defendants and the Plaintiff are deemed to have concluded a sales contract based on the market price of each relevant real estate listed in the attached Table 2 on the corresponding date stated in the attached Table 3.

Therefore, barring special circumstances, the Defendants, a seller, are obligated to perform the procedure for ownership transfer registration for each of the pertinent real estate listed in the separate sheet No. 2 list to the Plaintiff, the buyer, based on the transaction date specified in the separate sheet No. 3, and deliver the pertinent real estate to the Plaintiff.

B. At the same time with the purchase price, the Plaintiff paid and repaid the amount equivalent to the market price of the pertinent real estate to the Defendants.