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(영문) 광주지방법원 2019.04.17 2017가단24910
소유권이전등기 등
Text

1. The Defendant received KRW 57,00,000 from the Plaintiff and simultaneously received KRW 57,000 from the Plaintiff, on October 2017.

Reasons

1. Basic facts

A. Gwangju Northern-gu C and D ground A apartment consisting of Edong and Fdong, and on July 24, 2014, two columns of the first floor G and HRa were destroyed (hereinafter “instant safety accident”).

As a result, in both E-dong and F-dong, the problems such as “explosive exposure to steel, corrosion, concrete stuff, rupture of underground floor outer walls, and the hallway of the entire building to the corridor” have been discovered, and “safety grade E (the condition that the use of facilities should be prohibited, i.e., due to serious defects that occur in major absence, and reinforcement or reconstruction should be performed)” was received, and resident evacuation order was issued to F-dong.

B. On May 16, 2017, the Plaintiff owned the real estate listed in the attached Table of the relevant rearrangement project zone (hereinafter “instant real estate”) by the head of Gwangju Northern District on May 25, 201, under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for a housing reconstruction improvement project of A apartment (hereinafter “instant reconstruction project”) in the size of 6,873 square meters in Gwangju Northern-gu Seoul Northern-gu, and completed the establishment registration on May 25, 201.

C. On June 14, 2017 and August 1, 2017, the Plaintiff asked the Defendant whether he/she consents to the establishment of the Plaintiff’s association, and on the other hand, he/she becomes a person subject to a claim for sale where he/she does not consent to the establishment of the Plaintiff’s association within two months from the date of receipt of the public notice, and the Plaintiff sent a public notice to the effect that he/she would 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 “Act on Ownership and Management of Condominium Buildings”). The Defendant was served around

On September 26, 2017, the Plaintiff filed the instant lawsuit and intended to exercise the right to demand sale prescribed in Article 39 of the Urban Improvement Act in the complaint.

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