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(영문) 서울중앙지방법원 2017.10.26 2015가합509233

소유권이전등기

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Relevant Defendant B is the owner of each real estate listed in the separate sheet 1 and 2. Defendant C is the owner of each real estate listed in the separate sheet 3 and 4. Defendant D is the owner of each real estate listed in the separate sheet 5 and 6. The Plaintiff is a corporation established by the Urban and Residential Environment Improvement Act (hereinafter referred to as the “Urban Improvement Act”) to remove each of the above real estate, including the above real estate, and to implement a housing reconstruction improvement project.

B. As the instant detached houses, such as authorization to establish a rearrangement zone and authorization for modification, become old and inferior, some owners established the Plaintiff association with the size of 173 members, 204 households to be constructed, 12,389.25 square meters, and the size of the site was 12,389.25 square meters under the former Housing Construction Promotion Act, and completed the registration of incorporation after obtaining authorization for establishment from the head of Gangnam-gu Seoul Metropolitan Government on June 30, 2003. After consultation to promote a reconstruction project by combining neighboring areas, the head of Gangnam-gu Seoul Metropolitan Government obtained designation and a topographical map from the head of the Seoul Metropolitan Government on December 12, 2013, and obtained authorization for establishment from the head of the Gangnam-gu Office on June 28, 2014.

C. On July 23, 2014, the Plaintiff Union, such as the peremptory notice for exercising the right to demand sale, notified the Defendants to respond to whether they agree to the alteration of the Plaintiff Union and the establishment thereof, in order to exercise the right to demand sale under Article 39 of the Urban Improvement Act and Article 48 of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”), and each of the above peremptory notice reached the Defendants around October 15, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 6, Gap evidence 8, and 9 are numbers.