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(영문) 부산지방법원동부지원 2017.11.23 2016가합1495

소유권이전등기등

Text

1. The defendant received KRW 491,000,000 from the plaintiff at the same time, and simultaneously received from the plaintiff

(a) real estate listed in the separate sheet;

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to promote the housing reconstruction project in order to remove the buildings on the ground and build multi-family housing and auxiliary facilities (hereinafter “the instant reconstruction project”) by designating the 148-4 zone in Suwon-dong, Busan-dong as the project implementation district (hereinafter “instant project district”). The Defendant is the owner of the real-family property in the attached list in the instant project area (hereinafter “instant real-family property”).

B. The Plaintiff’s promotion committee for the establishment of the Plaintiff was held on April 16, 2016 with its members who agreed to establish the association among the real estate owners in the instant business area, and for the same year.

7. 27. Authorization from the head of the Gangseo-gu Busan Metropolitan Government to establish an association, and the same year;

8.10. Completion of registration of incorporation.

C. On October 14, 2016, the Plaintiff sent a peremptory notice to the Defendant to the effect that, in order to implement the instant reconstruction project, the Plaintiff would give a definite answer as to whether the Plaintiff consented to the establishment of the reconstruction association, and in the absence of reply within two months, the Plaintiff would exercise the right to demand sale under the Urban Improvement Act. However, the Defendant did not reply thereto.

As a result of entrusting the market value appraisal of the instant real estate in this court, the appraisal price, including development gains from reconstruction of the instant real estate, is KRW 701,00,000.

In addition, the registration of the establishment of a neighboring real estate (210,000,000 won) was completed on October 26, 2004 under the Act No. 61952, which was received on October 26, 2004.

(e) relevant regulations 1) Article 39 of the Urban Improvement Act (the implementer of the sale request shall implement a housing reconstruction project or a block-unit housing rearrangement project;