beta
(영문) 서울고등법원 2016.10.20 2016나2022460

소유권이전등기 등

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) The Plaintiff is a housing reconstruction project that removes existing structures on the ground of Ansan-si E-gu, Ansan-si and newly constructs multi-family housing, etc. (hereinafter “instant rearrangement project”).

(2) The Defendant B is the owner of the real estate listed in paragraph (1) of the attached Table 1 (hereinafter “instant real estate 1”) located within the instant rearrangement project zone, and the Defendant C is the owner of the real estate listed in paragraph (2) of the attached Table 2 (hereinafter “instant real estate 2”) located within the instant rearrangement project zone, and the Defendant D is the owner of the real estate listed in paragraph (3) of the attached Table 3 (hereinafter “instant third real estate”) located within the instant rearrangement project zone (hereinafter “instant third real estate”). The instant real estate 1 and 2 are the owners of the real estate listed in paragraph (3) of the attached Table 3 located within the instant rearrangement project zone.

B. The Plaintiff’s peremptory notice of consent to the establishment and the right to demand sale against the Defendants 1) The Plaintiff, after obtaining authorization to establish the association, urged the Defendants to reply within two months on October 10, 2013 after obtaining authorization to establish the association (hereinafter collectively referred to as “the instant peremptory notice”).

(2) On October 11, 2013, the notice of this case sent to the Defendants by content-certified mail, and the Defendants reached each other. The Defendants did not make any reply to the Plaintiff for two months thereafter. (2) The Plaintiff’s delivery of the copy of the complaint of this case to the Defendants on December 6, 2014, which was within two months from December 11, 2013 to February 6, 2014, which was the expiration date of the answer period of the Defendants, by the delivery of the copy of the complaint of this case to the Defendants on September 1, 2015, Article 39 subparag. 1 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 13508, Sept. 1, 2015; hereinafter “former Act”) and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”).