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(영문) 서울서부지방법원 2018.04.18 2015가합36044
소유권이전등기
Text

1. The plaintiff

A. Defendant B, C, and E are listed in the separate sheet of real estate in attached Form No. 1.

Reasons

Basic Facts

The Plaintiff is a housing reconstruction and improvement project association established pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12640, May 21, 2014; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) to implement the housing reconstruction improvement project (hereinafter “instant rearrangement project”) in approximately approximately 58,488.20 square meters in Seoul Mapo-gu Seoul Metropolitan Government F. (hereinafter “instant rearrangement zone”).

The Plaintiff obtained authorization to establish an association from the head of Mapo-gu on March 28, 2014 (hereinafter referred to as “instant authorization to establish an association”); completed the registration of incorporation on April 2, 2014; and obtained authorization for establishing an association from the head of Mapo-gu on May 12, 2015.

The Defendants are owners of each relevant real estate (land and buildings) indicated in the separate sheet of real estate located in the instant improvement zone.

On May 15, 2015, the maximum plaintiff sent a peremptory notice to the defendants to the effect that "if it is deemed that the defendants agree to the establishment of the association within two months from the date of receipt of the promotional letter, they will not participate explicitly in the establishment of the association, or that they did not agree because they did not reply within two months from the date of receipt, they will exercise the right to demand sale under Article 39 of the former Urban Improvement Act and Article 48 of the Act on Ownership and Management of Condominium Buildings (hereinafter "the Aggregate Buildings Act")." (hereinafter "the peremptory notice in this case").

The Defendants did not respond to whether they agree to the establishment of an association until two months have passed since they received the instant peremptory notice at each corresponding date stated in the attached Table “the arrival date.”

The Plaintiff filed the instant lawsuit on September 2, 2015, after two months from the date of receipt of the instant written peremptory notice. The Plaintiff’s exercise of the Plaintiff’s right to demand sale falls under each of the separate lists of real estate owned by the Defendants in the instant written complaint.

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