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(영문) 서울동부지방법원 2013.09.03 2013가합5259

소유권이전등기 등

Text

1. The defendant is based on the trust on June 12, 2003 regarding the real estate stated in the attached list to the plaintiff.

Reasons

Facts of recognition

Plaintiff

The association is the Housing Reconstruction and Improvement Project Association established on July 15, 2003 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement the housing reconstruction project on July 15, 2003 in order to implement the housing reconstruction project of 1, 134 units of apartment units and 134 units of apartment units on the land of 392,652 square meters and 5,355.3 square meters of land in Songpa-gu Seoul Metropolitan Government, Songpa-gu, and the defendant is the owner of the real estate listed in the attached Table (hereinafter “instant real estate”).

On May 24, 2003, the committee for promotion of the instant project shall hold an inaugural general meeting of the Plaintiff Association to approve the bylaws of the association containing the following contents (hereinafter “instant bylaws of the association”). On June 12, 2003, the committee for promotion of the instant project shall complete the registration of incorporation on July 15, 2003 with the approval of establishment from the head of Songpa-gu Office:

Article 5 (Implementation of Projects) (1) Members in a project implementation district shall invest in kind the owned land and ground in a partnership, and the partnership shall select a housing construction businessman to be a joint project undertaker under the Housing Construction Promotion Decree, and build the housing, etc. (including the incidental facilities, such as the

Article 32 (Relocation Measures) (4) Members shall move out of the relevant house within the resettlement period that the association determines and notifies, and if any tenant or temporary resident exists, he/she shall take measures to move out of the relevant house on his/her responsibility.

Article 37 (Trust of Real Estate) (1) In order to smoothly promote reconstruction projects, a member shall complete the registration of trust with respect to the land, houses, etc. within the project implementation district owned by the partner before the date of application for approval of a project plan, and in cases where the registration of trust is not implemented within the period of registration, the cooperative may file a lawsuit to implement

The supplementary articles of association shall enter into force from the competent administrative agency on the date of obtaining authorization for establishment of the reconstruction association.

Plaintiff

A cooperative shall undertake a project implementation plan on August 31, 2007.