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(영문) 서울고등법원 2017.01.26 2013나2017528

소유권이전등기절차 이행청구 등

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1.The judgment of the first instance, including modifications to claims in the trial, shall be modified as follows:

The plaintiff's defendants.

Reasons

1. Basic facts

A. The Plaintiff is a party’s position 1) The total area of 18,684.6m2 (hereinafter “existing area”) and five parcels outside Gwanak-gu in Seoul Special Metropolitan City.

(B) remove the 18 A apartment units located on the ground and reconstruct the apartment units on the ground (hereinafter referred to as the “instant reconstruction project”).

(2) The Defendants shared each of the instant real estate in proportion to one-half shares. At present, the establishment registration of a neighboring mortgage (hereinafter “mortgage”) with respect to each of the instant real estate as the maximum debt amount of KRW 520,000,000, and the debtor B and the Korean National Bank Co., Ltd. as the debtor B and the mortgagee Co., Ltd. (hereinafter “mortgage”).

B. On May 18, 1995, the Plaintiff’s establishment of a housing association and progress of the reconstruction project of this case (1) Articles 44 and 44 of the former Housing Construction Promotion Act (amended by Act No. 5451, Dec. 13, 1997) (1) intends to establish a housing association and build its members’ houses, it shall obtain authorization from the head of the competent Si/Gun/Gu. This provision shall also apply to the alteration of the authorized contents or dissolution of the housing association.

63 members who consent to the reconstruction project of this case from the sectional owners are the housing association authorization (hereinafter “the first authorization disposition of this case”).

After receiving, on December 30, 2002, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Article 18 (2) and Article 18 (2) of the Urban Improvement Act (amended by Act No. 7428 of Mar. 31, 2005) as of November 16, 2005 (amended by Act No. 7428 of Mar. 31, 2005) was enacted and enforced on July 1, 2003.