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(영문) 서울서부지방법원 2021.01.21 2019가단216841

소유권이전등기

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1. The plaintiff (appointed party)'s claim is dismissed.

2. The costs of the lawsuit shall be borne by the plaintiff (the appointed party) and the appointed parties.

Reasons

1. Facts without dispute;

A. On June 19, 2006, the head of Seodaemun-gu Seoul Special Metropolitan City designated Seodaemun-gu Seoul Special Metropolitan City Seoul Special Metropolitan City as a rearrangement project zone for D residential environment improvement improvement project (hereinafter “instant rearrangement project”), and on April 5, 2007, the head of Seodaemun-gu Seoul Special Metropolitan City as a project implementer for the instant rearrangement project.

B. The plaintiff (the appointed party) and the fleets (hereinafter collectively referred to as "the plaintiffs") are the owners of the land in E B block within the instant rearrangement project zone, and the defendant is the owners of the real estate in the attached Table in E B block.

2. The major plaintiffs in the plaintiff's assertion agree to the new construction of a new apartment on the above E B B block, but the defendant does not consent thereto, and the plaintiffs expressed their intent to request sale to the defendant by serving a written complaint in accordance with Article 17-2 of the Building Act. Thus, the defendant is obligated to implement the registration procedure for the transfer of ownership on the ground of sale on the date of serving a copy of the written complaint in this case.

3. Determination

(a) A person who intends to construct or substantially repair a building under Article 11 of the Building Act shall obtain permission from the Special Self-Governing City Mayor, a branch office of a Special Self-Governing Province, or the head of a Si/Gun/Gu;

Provided, That in cases of constructing buildings with 21 floors or more in the Special Metropolitan City or Metropolitan Cities, permission therefor shall be obtained from the Special Metropolitan City Mayor or Metropolitan City Mayor.

(11) A person who intends to obtain a building permit pursuant to paragraph (1) shall secure ownership of the relevant site.

Provided, That the same shall not apply to any of the following cases:

2. The number of co-owners of buildings and the relevant site shall be the project owner to newly construct, rebuild, rebuild, or remodel a building due to any reason prescribed by Presidential Decree, such as the deterioration of the building or problems concerning structural safety;