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(영문) 대구지방법원 2019.02.20 2017가단110356
소유권이전등기
Text

1. At the same time, the Defendant received KRW 303,017,50 from the Plaintiff, and at each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a housing reconstruction and rearrangement project association established with the purpose of implementing a housing reconstruction and rearrangement project (hereinafter “instant rearrangement project”) with the content of removing old and inferior existing buildings located within the area of 59,673.80 square meters (hereinafter “instant rearrangement zone”) and constructing apartment 1,069 households and neighborhood living facilities on that ground.

On October 28, 2016, the Plaintiff obtained authorization to establish an association from the head of Daegu Metropolitan City, the head of the Gu and completed the establishment registration on October 31, 2016.

B. The Defendant is the owner of each real estate listed in the separate sheet in the improvement zone of this case (hereinafter “each real estate of this case”) and did not consent to the establishment of the association.

C. On January 26, 2017, the Plaintiff sent a written peremptory notice to the Defendant stating that “The Plaintiff shall reply to the consent to establish an association within two months from the date of receipt of the peremptory notice to determine whether to consent to establish an association under the Urban Improvement Act, and if there is no reply within the said period, the Plaintiff shall be deemed to have no consent to establish an association under the said Act and shall file a claim for sale of real estate under his/her ownership in accordance with the appraised Amount.” On February 1, 2017, the said peremptory notice was served to the Defendant on February 1, 2017.

However, the defendant did not answer whether to participate in reconstruction within two months from the date of receipt of the above peremptory notice.

E. In accordance with Article 48(4) of the Aggregate Buildings Act, a duplicate of the complaint in this case was served on November 7, 2017 on which the Defendant filed a claim for sale of each real estate of this case.

F. Meanwhile, the market price of each of the instant real estate as of November 7, 2017, which was served on the Defendant on which the duplicate of the instant complaint was served, is equivalent to KRW 303,017,500 in total.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 16 (including the serial number).

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