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(영문) 울산지방법원 2017.01.20 2016가단9956

소유권이전등기

Text

1. The defendant caused the trust on March 17, 2009 with respect to the real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff (hereinafter “Plaintiff association”) is a housing reconstruction and rearrangement project association which obtained authorization from the head of Ulsan Metropolitan City, Ulsan Metropolitan City on March 17, 2009 to implement the housing reconstruction and improvement project (hereinafter “instant rearrangement project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the Defendant is the Plaintiff association’s member, as the owner of the building indicated in the attached list (hereinafter “instant building”) located in the instant rearrangement zone.

B. The main contents of the articles of association of the Plaintiff Union are as follows.

Article 5 (Implementation Method) (1) Members shall invest in kind in a partnership with land and buildings owned, and a partnership shall build and supply multi-family housing and ancillary and welfare facilities in accordance with the management and disposal plan authorized under Article 48 of the Act on Urban Improvement.

Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

7. Other relevant Acts and subordinate statutes, this articles of association, general meetings, etc. (1) In order to smoothly promote a reconstruction project, members shall perform the registration of trust in accordance with the Trust Act with respect to the land, buildings, etc. in the project implementation district, which are owned by the members of a cooperative within the period set by the cooperative, and if the registration of trust is not performed within the period, the cooperative may file a lawsuit for the performance of registration of trust.

The Addenda: This articles of association shall enter into force on the date of obtaining authorization to establish the Nam-gu Office of Ulsan Metropolitan City.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4, and 8, the purport of the whole pleadings

2. As to the cause of claim

(a) Members of a reconstruction association are obligated to cooperate for the achievement of the objectives of the reconstruction project of the association, and the obligations of investment in kind as stipulated in the rules of the association are owned by them for the smooth implementation of the reconstruction project.