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(영문) 서울동부지방법원 2013.03.07 2012가합15600
소유권이전등기
Text

1. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant is based on the sale and purchase on December 16, 2012.

Reasons

1. Indication of claim;

A. The Plaintiff is a housing reconstruction and maintenance project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) promoting a housing reconstruction project for multi-family housing and ancillary facilities (hereinafter “instant reconstruction project”) on the land of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu site. The Defendant is the owner of each real estate listed in the attached Table of the instant reconstruction project site (hereinafter “instant real estate”). The Plaintiff did not consent to the instant reconstruction project.

B. On April 30, 2010, the Plaintiff obtained authorization to establish an association from the head of Gangdong-gu and completed the registration of incorporation on May 7, 2010. On September 24, 2011, the Plaintiff held a general meeting of shareholders to establish the association and obtained authorization for the establishment from the head of Gangdong-gu on October 12, 201.

C. On July 17, 2012, after obtaining authorization for changing the establishment, the Plaintiff notified the Defendant in writing as to whether he/she consented to the establishment of the establishment, and the above peremptory notice reached July 18, 2012.

However, the defendant did not make any reply even after two months have passed from the date of receipt of the peremptory notice. The plaintiff shall exercise the right to demand sale by serving a copy of the complaint of this case on the defendant pursuant to Article 39 of the Urban Improvement Act, and even if the defendant did not receive the peremptory notice, he shall notify the defendant whether he consented to the establishment of the association by serving the duplicate of the complaint of this case and shall exercise the right to demand

2. Judgment with no applicable provisions of Acts (Article 208 (3) 1 of the Civil Procedure Act);

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