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(영문) 서울중앙지방법원 2013.08.12 2012가합507380

소유권이전등기절차 이행청구 등

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1. The Defendants are paid KRW 1,413,371,200 from the Plaintiff, and each of them is listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a reconstruction maintenance and improvement project association which completed the registration of incorporation on November 16, 2005 pursuant to Article 18(2) of the former Housing Construction Promotion Act (amended by Act No. 5451 of December 13, 1997) and Article 3 of the Addenda of the same Act (amended by Act No. 5451 of December 30, 2002), with the size of 18,684.6 square meters in total as its business area (hereinafter “former business area”).

B. On January 12, 2006, the Mayor of Seoul Special Metropolitan City designated a reconstruction project district of the total size of 26,941.7 square meters under the name of the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, which is adjacent to the pre-amended project area (hereinafter “Seoul Special Metropolitan City Public NoticeJ”), and each real estate listed in the separate sheet (hereinafter “each real estate” of this case, in which the Defendants shared share 1/2 shares, is located within the additional area.

C. On September 25, 2006, the Plaintiff filed an application with the head of Gwanak-gu in Seoul Special Metropolitan City for authorization to implement a reconstruction project with the content of rebuilding project implementation for the total floor space of 115,171.01 square meters, the building size of 2 underground floors, the apartment of 11 Dong-dong 880 households and ancillary and welfare facilities on the 24th floor after changing to the head of Gwanak-gu in Seoul Special Metropolitan City.

After that, the Plaintiff held a general meeting on October 15, 2007 and passed a resolution to extend the business area to the former business area after the change in the business area. On February 5, 2008, the Plaintiff is 828 owners of land, etc. subject to the authorization for change of the establishment of the association from the head of Gwanak-gu office on February 5, 2008.