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(영문) 대구지방법원 2019.06.20 2017가합209666

소유권이전등기

Text

1. The defendant shall receive KRW 312,402,40 from the plaintiff, and at the same time, shall be listed in the attached Table 1 list to the plaintiff.

Reasons

1. Basic facts

A. In order to promote a housing reconstruction project (hereinafter “instant reconstruction project”), the Plaintiff is a housing reconstruction project partnership that completed the establishment registration on April 27, 2006 after obtaining authorization from the head of the Daegu Metropolitan City Suwon-gu head of the Gu on May 26, 2006, and the Defendant occupies each of the instant real estate as of the date of closing argument as the owner of each of the instant real estate located within the instant reconstruction project zone.

B. On February 26, 2016, the Plaintiff obtained authorization for the establishment of the instant reconstruction project zone from the head of the Suwon-gu Seoul Metropolitan City head of the Gu with the head of the Gu, the head of the Daegu Suwon-gu, and the head of the association 54,653 square meters and 304 square meters, and the head of the association, who failed to file a lawsuit for the change of the establishment within the exclusion period, and obtained authorization for the establishment of the association with 242 members among 368 owners, including the total land, etc., on August 7, 2017, through the procedure of demanding

C. On September 25, 2017, the Plaintiff sent a peremptory notice to ask the Defendant whether he/she wishes to consent to the change of the establishment of the association (hereinafter “instant peremptory notice”) by content-certified mail, but the said content-certified mail was returned.

Upon filing the instant lawsuit on December 14, 2017, the Plaintiff expressed his/her intent to exercise the right to demand sale of each of the instant real estate to the Defendant by serving a duplicate of the instant complaint, and the duplicate of the instant complaint was served on the Defendant on January 2, 2018.

E. The duplicate of the instant complaint is accompanied by a documentary evidence.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's evidence 1 to 6 (if there are additional numbers, including each lot number, hereinafter the same shall apply), the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in Appendix 2;

3. Judgment on the main defense of this case

A. As of the purport of the Defendant’s assertion, the purpose of the Plaintiff’s assertion is to change the establishment of an association held on June 18, 2017 against the Plaintiff.