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(영문) 서울서부지방법원 2019.12.12 2019가합31405

매도대금지급 청구의소

Text

1. The defendant,

A. Plaintiffs A, B, C, D, E, F, G, H, K, M, N, P, Q, R, R, and T, respectively.

Reasons

1. Basic facts

A. The Defendant is a housing reconstruction and rearrangement project association established to implement a housing reconstruction and improvement project in Yongsan-gu Seoul Metropolitan Government W (hereinafter “instant project zone”), and the Plaintiffs are co-owners of each land listed in the attached Table 2 of the instant project zone (hereinafter “instant land”).

B. The Defendant exercised the right to demand sale under Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017) against the instant landowner, including the Plaintiffs, by serving a copy of the complaint claiming sale of real estate in Seoul Western District Court 2017Gahap36147. On November 15, 2018, the Defendant was sentenced to the judgment that “the instant landowner shall, upon receiving the purchase price from the Defendant, implement the procedures for the transfer of ownership on the instant land’s share, and deliver the instant land,” and the said judgment became final and conclusive on December 8, 2018 for the Plaintiffs who did not appeal, and against the seven owners who appealed on May 17, 2019.

C. On January 21, 2019, the rest of the Plaintiffs, other than Plaintiff U, kept documents necessary for the registration of transfer of ownership in X attorney-at-law. On January 23, 2019, the Plaintiffs notified the Defendant of the receipt of the said documents and the delivery of the instant land on January 23, 2019, and notified the payment of the purchase price by February 3, 2019.

Plaintiff

U on February 1, 2019, the documents necessary for the registration of transfer of ownership were kept in X attorney-at-law, and on February 7, 2019, notified the Defendant of the delivery of the documents and the delivery of the land in this case, and notified the Defendant of the payment of the purchase price by February 15, 2019.

Pursuant to the above final judgment, each of the sales proceeds on the entire shares held by each plaintiff among the land in this case shall be listed in the separate list of sales proceeds.