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(영문) 서울북부지방법원 2016.10.07 2015가단105596
소유권이전등기
Text

1. From the Plaintiff:

A. Defendant B is paid KRW 497,937,411 and at the same time written in paragraph 1 of the attached list of real estate.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction project association authorized by the head of Jung-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on September 4, 2008.

B. On June 21, 2013, the Plaintiff obtained authorization for the implementation of the project from the head of Jungdong-gu Seoul Metropolitan Government as a project implementation district (hereinafter referred to as “instant project district,” and the said reconstruction project was publicly notified on January 22, 2015 by the head of Jung-gu Seoul Metropolitan Government.

C. On August 14, 2013, the Plaintiff publicly announced and notified the period for application for parcelling-out to the owners of land, etc. in the instant project zone as of October 2, 2013, and extended the period for application for parcelling-out on October 2, 2013 by October 22, 2013.

The Defendants owned and possessed the shares of the real estate in the attached list in the instant project zone (hereinafter referred to as “instant real estate”), and agreed to establish an association, and were the Plaintiff’s members, but did not apply for parcelling-out by the expiration date of the period for application for parcelling-out.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 9 (including additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. Where a partner who has agreed to establish an association in a housing reconstruction project under the relevant legal principles becomes eligible for cash settlement under Article 47 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents due to reasons such as not applying for parcelling-out, etc., a housing reconstruction project cooperative, which is a project implementer, may file a claim for the registration of ownership transfer for real estate in a rearrangement zone against a person subject to cash settlement by applying Article 39 of the Act on the Maintenance and

Provided, That when the obligation to pay settlement money for a person subject to cash settlement occurs, the project implementer shall determine pursuant to Article 46 of the Urban Improvement Act.

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