소유권이전등기
1. All of the plaintiff's main claims are dismissed.
2. The Defendants are attached Table d by the Plaintiff to conclude the sales contract.
Basic Facts
On the ground of 56,254 square meters (hereinafter “instant land”) of the 611 household apartment and commercial buildings (hereinafter “instant apartment buildings”) in Seoul Special Metropolitan City, Nowon-gu, and the 28 household apartment houses (including two households per unit; hereinafter “instant apartment houses”) are built.
The plaintiff is a cooperative established to implement the housing reconstruction improvement project in the Nowon-gu Seoul Special Metropolitan City, Nowon-gu, including the land in this case. The defendants shared the land in this case with the sectional owners of the apartment in this case as the sectional owners of the apartment in this case.
On February 5, 2005, the head of Seoul Special Metropolitan City approving the establishment of the association and the head of the Seoul Special Metropolitan City shall designate 62,213 square meters in MM, Nowon-gu, Seoul as a housing reconstruction improvement zone.
The A apartment reconstruction promotion committee, the Plaintiff’s telegraphic body, was unable to obtain the consent of the owners of the instant apartment house in establishing the association. On January 2, 2007, the said apartment house owner filed a claim for land division against the said apartment house owner with the Seoul Northern District Court, and on August 28, 2009, the Seoul Northern District Court rendered a dismissal judgment on August 28, 2009 on the ground that the said lawsuit was indispensable co-litigation, but was not filed against all the co-owners. The judgment became final and conclusive on September 19, 2009.
In accordance with Article 41 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 8974 of Mar. 21, 2008; hereinafter referred to as the "Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents") on January 31, 2007, the Defendant was granted approval to establish an association from the Defendant.
(hereinafter “instant authorization disposition”). On February 5, 2008, the Mayor of Seoul Special Metropolitan City changed the designation of a rearrangement zone with a total of 66,434 square meters including a place of incorporation into the surrounding area, excluding 8,99.76 square meters of the instant tenement site in the existing rearrangement zone.
Article 16 (2) of the former Urban Improvement Act has been amended on December 21, 2007.