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(영문) 서울고등법원 2017.07.20 2016나2078012

소유권이전등기

Text

1. Of the judgment of the first instance, the part concerning Defendant L, S, and B shall be modified as follows.

Defendant L, S, and B

Reasons

1. Basic facts

A. The Plaintiff is an association established to implement a housing reconstruction project (hereinafter “instant project”) on a scale of 65,148 square meters in Mapo-gu Seoul, Mapo-gu, Seoul. The Defendants are those possessing real estate located in the instant project area as shown in the list No. 1.

B. An association establishment authorization and an authorization for modification thereof are originally conducted on May 27, 2003 with the land area of the same 48,775 square meters as the project area, and the establishment registration was completed on July 30, 2003. However, on August 19, 2010, the land owners, etc. (the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) within the new project area is extended.

(2) On June 26, 2012, with the consent of 75% or more as stipulated in subparagraph 9 (b) of Article 2, “owner of land, etc.”; hereinafter the same shall apply) and with the consent of 75% or more, the authorization for change of the establishment of the association was completed on June 26, 2012 (hereinafter “the authorization for

C. On October 5, 2012, the Plaintiff sent a written peremptory notice to the Defendants to the effect that “if the Defendants agree to the change of the establishment of the association within two months from the date of receipt of the written peremptory notice, and if it is deemed that they do not consent to the change of the establishment of the association, or that they do not consent to the change of the establishment within two months, they will exercise the right to demand sale under Article 39 of the Urban Improvement Act.” The Defendants received each peremptory notice on the corresponding date indicated in the table “Attachment 2, but did not reply to the Plaintiff even after the lapse of two months.” (2) On December 21, 2012, the Plaintiff filed the instant lawsuit against the Defendants, stating that “the Plaintiff shall exercise the right to demand sale under Article 39 of the Urban Improvement Act,” and the Defendants received copies of the written peremptory notice on the corresponding date indicated in the table “the date of sale” as indicated in attached Form 2.

On the other hand, this case is pending.