beta
(영문) 부산지방법원 2019.01.16 2018가합41064

소유권이전등기

Text

1. The defendant shall receive KRW 1,526,205,50 from the plaintiff at the same time, and each of the attached list shall be stated in the plaintiff.

Reasons

1. Facts of recognition;

A. On November 17, 2016, the Plaintiff is a street housing maintenance and improvement project association which completed the registration of incorporation on November 30, 2016 with authorization from the head of the Busan Metropolitan City annual head of the Gu on November 17, 2016 in order to implement a street housing maintenance and improvement project (hereinafter “instant project”).

B. The Defendant owns each real estate listed in the separate sheet located within the instant business zone (hereinafter “instant real estate”).

C. On February 14, 2018, the Plaintiff urged the Defendant to reply in writing within two months (60 days) from the date of receipt of the written peremptory notice to the effect that “the Plaintiff will exercise the right to claim the sale of the instant real estate by deeming that he/she did not consent if he/she fails to reply within the said period,” and sent the written peremptory notice to the Defendant on February 19, 2018 (hereinafter “the instant peremptory notice”).

The Defendant did not respond to the conclusion of the agreement to establish an association for the instant project 60 days after the receipt of the instant peremptory notice.

E. On February 20, 2018, the Plaintiff filed the instant lawsuit against the Defendant on the condition that he/she would not express his/her consent within the response period on the instant letter, under which he/she would be subject to suspension. A duplicate of the complaint stating his/her intent to request sale was served on the Defendant on February 28, 2018.

F. Meanwhile, the Act on Special Cases Concerning the Maintenance of Abandoned Houses and Small-Scale Housing (hereinafter “Small-Scale Housing Improvement Act”) was enacted and promulgated on February 8, 2017 by Act No. 14569, and came into force on February 9, 2018, and details related to the instant case in the Small-Scale Housing Improvement Act are as follows.

Article 35 (Request for Sale) (1) Where the owners of land, etc. implement a block-unit improvement project or small-scale reconstruction project.