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(영문) 수원지방법원안산지원 2015.06.18 2014가합823

소유권이전등기 등

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1. The Defendants are each corresponding money indicated in the “sale price” list of the details of the execution of the attached sale contract from the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a party 1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(i)In accordance with such provisions, the Housing Reconstruction Project Association is established for the purpose of removing existing buildings on the land outside I and outside Ten parcels in Ansan-si and constructing new apartment houses with 1,667 households on the land (hereinafter the Plaintiff’s reconstruction Project is referred to as the “instant reconstruction project”).

(2) The Defendants are co-owners of each real estate indicated in the column for “owned and occupied real estate” in the attached Table 2, within the instant reconstruction project zone, as indicated in the attached Table 1 (hereinafter “individual real estate”).

B. The Plaintiff’s establishment and reconstruction resolution 1) A sectional owner in the instant reconstruction project zone may hold an inaugural general meeting on January 26, 2013 and actually attend 1,126 persons among 1,126 persons or submit a written resolution. As to the instant reconstruction project, the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”).

(2) On January 30, 2013, the Plaintiff obtained authorization to establish an association from the Ansan market and completed the registration of incorporation on February 7, 2013.

C. On October 10, 2013, the Plaintiff sent a written peremptory notice requesting the remaining Defendants except Defendant H to the effect that “the consent to the establishment of an association and whether to participate in reconstruction should be returned within two months from the date of receipt of the written peremptory notice.” The above written peremptory notice reached the said Defendants around that time. However, the said Defendants did not make any reply within the response period of two months thereafter. 2) Thereafter, the Plaintiff sent a copy of the written peremptory notice to the Defendants pursuant to Article 39 of the Urban Improvement Act and Article 48 of the Aggregate Buildings Act.