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(영문) 울산지방법원 2016.11.29 2016가단9925

소유권이전등기

Text

1. The defendant caused the trust on March 17, 2009 with respect to the real estate stated in the attached Form to the plaintiff.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff as a party to the status of the Plaintiff is the business area of this case in Ulsan-gu, Ulsan-gu, 50,074 square meters (hereinafter “instant business area”).

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”)

(2) A housing reconstruction rearrangement project under the Housing Reconstruction Project (hereinafter “instant rearrangement project”);

In order to implement the project, the housing reconstruction and improvement project association authorized by the head of Ulsan Metropolitan City on March 17, 2009 is the housing reconstruction and improvement project association. The defendant is a building in the attached Form (hereinafter “instant building”) in the project area of this case.

(2) The association members shall invest the land and buildings owned in kind in the association, and the association shall construct and supply the apartment houses and ancillary and welfare facilities in accordance with the management and disposal plan authorized in accordance with Article 48 of the Urban Improvement Act.

Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

7. Other relevant Acts and subordinate statutes, this articles of association, general meetings, etc. (1) In order to smoothly promote a reconstruction project, members shall perform the registration of trust in accordance with the Trust Act with respect to the land, buildings, etc. in the project implementation district, which are owned by the members of a cooperative within the period set by the cooperative, and if the registration of trust is not performed within the period, the cooperative may file a lawsuit for the performance of registration of trust.

The supplementary articles of association shall enter into force on the date of obtaining authorization to establish the Nam-gu Office of Ulsan Metropolitan City.

[Reasons for Recognition] Facts without dispute, Gap's entries in Gap's Evidence Nos. 1, 2, 3, 4, 6, 9, and the purport of the whole pleadings

(b) Members of the 1 reconstruction association are obligated to cooperate for the achievement of the objectives of the reconstruction project of the association, and the obligations of investment in kind as stipulated in the rules of the association are for the purpose of trust for the smooth implementation of the reconstruction project.