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(영문) 의정부지방법원 2014.09.05 2012가합71791
매도청구(소유권이전등기)등
Text

1. The Plaintiff:

A. Defendant B received KRW 798,215,00 from the Plaintiff and simultaneously entered in Section 1 of the attached Table.

Reasons

1. Basic facts

A. On January 20, 201, the Namyang-si Mayor: (a) on January 20, 201, designated the 39,145 square meters (hereinafter “instant business area”) of K Il-won as a zone for housing reconstruction (LM apartment).

Plaintiff

A union is a reconstruction association which completed the registration of establishment on January 12, 201 after obtaining authorization to establish a new apartment on the ground to remove old LM apartment and build a new apartment on the ground in the instant project area. The Defendants are the persons possessing each real estate listed in the separate sheet in the instant project area.

B. The Plaintiff Union notified the Defendants to join the Plaintiff Union by the delivery of a duplicate of the complaint in this case, and notified the Defendants of the purport that the Plaintiff Union may claim the sale of the ownership and other rights of the land or building at the market price by deeming that it did not consent if it did not reply within two months from the date of receipt of the duplicate of the complaint in this case, and that the Plaintiff Union may claim the sale of the ownership and other rights of the land or building at the market price on the condition that the Defendants did not join the Plaintiff Union on the condition that the Defendants stop the sale of the land and building under Article 39 subparagraph 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”), Article 39 subparagraph 1 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents

The contents of the relevant statutes are as follows:

When implementing a housing reconstruction project or a block-unit housing rearrangement project, a project implementer under Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents may file a claim for sale with the person falling under any of the following subparagraphs by applying mutatis mutandis Article 48 of the Act on the Ownership and Management of Condominium Buildings

(b)in this case.

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