logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.09.15 2016가합52514
소유권이전등기
Text

1. The Defendants shall be the amount corresponding to the Defendant indicated in the column of the Dong City Implementation Amount in the attached Table 1 sheet from the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff as the parties concerned is, in order to implement a housing reconstruction improvement project (hereinafter “instant project”) on the scale of 20,158 square meters in Guri-si, M. M. 20,158 square meters, the Plaintiff is a reconstruction improvement project association that obtained authorization on September 8, 201 and completed the registration of incorporation on September 20, 201, and the Defendants are the owners of real estate in the instant project area, as shown in the attached Table 2 list.

B. The Plaintiff’s announcement of the application for parcelling-out 1) on February 11, 2016, the Gu Ri Mayor publicly announced the authorization for project implementation for the Plaintiff, and the Plaintiff, on February 22, 2016, designated the period for application for parcelling-out from February 22, 2016 to March 24, 2016, and notified its members. Thereafter, the Plaintiff announced the extension of the period for application for parcelling-out from March 23, 2016 to April 10, 2016, and notified its members. (ii) The Defendants did not apply for parcelling-out to the Plaintiff by April 10, 2016, the expiration date of the application for parcelling-out 200.

C. On May 10, 2016, the Plaintiff filed the instant lawsuit against the Defendants, and stated that the Plaintiff shall exercise the right to demand sale by applying Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6 (including paper numbers), the purport of the whole pleadings

2. Establishment of liability for transfer registration of ownership and for delivery of land and building;

A. In principle, a reconstruction association which is a project implementer under the Urban Improvement Act does not recognize the right to expropriate real estate in a rearrangement zone, and the project implementer's right to demand sale stipulated in Article 39 of the same Act is against a person who is not a member and cannot be immediately applied to a person subject to cash settlement who has agreed to establish an association, but a person subject to cash settlement is due to reasons such as not applying for sale.

arrow