소유권이전등기
1. The claim for extradition regarding each real estate listed in the separate sheet among the instant lawsuits shall be dismissed.
2. The defendant.
1. Basic facts
A. The Plaintiff is a housing reconstruction project partnership established to promote a housing reconstruction improvement project (hereinafter “instant reconstruction project”) in the Daegu Suwon-gu C.
On April 27, 2006, the Plaintiff obtained authorization for establishment from the head of the Daegu Metropolitan City Suwon-gu head of the Gu, and completed the establishment registration on May 26, 2006.
B. On October 16, 1998, the Defendant completed the registration of ownership transfer concerning each real estate listed in the separate sheet (hereinafter “instant real estate”) located within the instant reconstruction project zone, and possessed the instant real estate as of the date of closing argument.
C. On May 21, 2018, the Plaintiff obtained authorization for the implementation of the project from the head of Daegu Metropolitan City Suwon-gu head of the Gu. The Plaintiff publicly announced and notified the application period for parcelling-out to August 16, 2018 as the period for applying for parcelling-out, but the Defendant did not apply for parcelling-out.
On November 4, 2019, the Plaintiff filed a lawsuit against the Defendant and D, etc. seeking the delivery of the instant real estate as the Daegu District Court 2019Kadan17900, and on November 4, 2019, the decision of recommending reconciliation was made to the effect that “The Defendant and D, the Daegu District Court 2018Gahap211413 (the instant lawsuit), etc. are final and conclusive, and that “The Defendant shall deliver the instant real estate at the same time as the Defendant received payment from the Plaintiff,” and the said decision became final and conclusive around that time.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-3, Gap evidence 3 and 4, Eul evidence 2-C, the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. According to Article 73(1) and (2) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14943, Oct. 24, 2017; hereinafter “former Act”), the project implementer is a management and disposition plan.