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(영문) 부산지방법원 동부지원 2018.05.02 2016가단19819

소유권이전등기등

Text

1. Defendant B received KRW 270,307,692 from the Plaintiff, and at the same time, is among the real estate listed in the attached Table in the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and rearrangement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to implement a housing reconstruction project (hereinafter “the reconstruction project of this case”) by setting the FJ as a project implementation district (hereinafter “the project district of this case”) and removing the buildings on the ground and constructing apartment houses and auxiliary facilities. The Defendants are co-owners of the real estate in the attached list in the project area of this case (hereinafter “the real estate of this case”).

B. The Plaintiff’s promotion committee for the establishment of the Plaintiff was held on April 16, 2016 with its members who agreed to establish the association among the real estate owners in the instant business area, and for the same year.

7. 27. Authorization from the head of the Gangseo-gu Busan Metropolitan Government to establish an association, and the same year;

8.10. Completion of registration of incorporation.

C. On September 12, 2016, the Plaintiff sent a peremptory notice to the Defendants to the effect that, in order to implement the instant reconstruction project, the Plaintiff would give a definite reply as to whether the Plaintiff consented to the establishment of the reconstruction association, and in the absence of reply within two months, the Plaintiff would exercise the right to demand sale under the Urban Improvement Act. However, the Defendants did not reply to this.

Article 39 (Request for Sale) of the Act on the Ownership and Management of Aggregate Buildings may apply mutatis mutandis to the land or building of any of the following persons when implementing a housing reconstruction project or a block-unit housing rearrangement project by applying mutatis mutandis the provisions of Article 48 of the Act on the Ownership and Management of Aggregate Buildings:

In such cases, the rebuilding resolution shall be deemed the consent to the establishment of an association (referring to the consent to the designation of a project implementer in the case of subparagraph 3), and sectional ownership and right to use site shall be deemed the project implementation district