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(영문) 서울동부지방법원 2015.04.23 2014가합106814
소유권이전등기
Text

1. The Defendants are each real estate indicated in the column for indication of real estate in the No. 2 Schedule to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association established to implement a reconstruction project of the apartment complex A1 and the second apartment complex consisting of 6,600 units, 134 units, 6,00 units, and 324 stores, Dong-dong, Songpa-gu, Seoul, N-dong, and the Defendants are owners of each real estate stated in the attached Table 2 "Indication of Real Estate" column among the apartment complex of this case.

B. On June 12, 2003, after obtaining authorization for establishing an association from the head of Songpa-gu Seoul Metropolitan Government (hereinafter “the head of Songpa-gu”) on the establishment of the association on July 15, 2003, the Plaintiff was deemed to be a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) pursuant to Article 10(1) of the Addenda to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

C. The Plaintiff applied for authorization on August 31, 2007 on the project implementation plan established at the ordinary meeting of July 27, 2007, and approved by the head of Songpa-gu on April 1, 2008. On July 15, 2013, the Plaintiff again held a general meeting on July 15, 2013 and resolved on a change in the project implementation plan to alter the outline of the new building. The Plaintiff applied for the change approval from the head of Songpa-gu on December 26, 2013.

On the other hand, the articles of association (Rules of Association) of the Plaintiff stipulate as follows with respect to the duty of investment in kind of union members.

Article 5 (Method of Implementation) (1) A member of a project implementation district shall invest in kind the land and ground in the association, and the association shall select a housing construction businessman who is to be a joint project undertaker under the Housing Construction Promotion Act, and build a house, etc. (including incidental and welfare facilities, such as a shop, etc.;

Article 37 (Trust of Real Estate) (1) In order to smoothly promote a reconstruction project, members of the cooperative shall own the land, houses, etc. within the project implementation district owned by the members before the date of application for approval of the project plan.

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