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(영문) 서울서부지방법원 2013.04.04 2011가합3886
소유권이전등기
Text

1.(a)

Defendant B received KRW 782,543,650 from the Plaintiff, and at the same time, attached Tables 1 and 2 to the Plaintiff.

Reasons

Basic Facts

The Plaintiff is a housing reconstruction and improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of removing the previous building located on the ground of H 47,501.4 square meters in Mapo-gu Seoul Metropolitan Government (hereinafter “instant rearrangement zone”). The Defendants are owners of each real estate listed in the attached Table 1 (hereinafter “instant real estate”) located in the instant rearrangement zone, and the Defendants’ ownership status of the instant real estate is listed in the attached Table 2.

Plaintiff

On March 23, 2006, the head of the Seoul Metropolitan Government established and publicly announced a master plan for urban and residential environment improvement with the content that he/she designates the area of 49,000 square meters in Mapo-gu Seoul Metropolitan Government HH as a zone to be rearranged under the Urban Improvement Act (hereinafter “instant zone to be rearranged”).

The establishment promotion committee of the defendant association (hereinafter referred to as the "promotion committee of this case") obtained the consent of 187 of the total owners of land, etc. in the above 342 areas to be rearranged, and obtained the approval for establishment of the association from the head of Mapo-gu on June 30, 2006.

On October 29, 2009, the Mayor of Seoul Special Metropolitan City changed the area of the zone to be rearranged into 47,501.4 square meters in public notice of Seoul Special Metropolitan City on October 29, 2009, and publicly announced the topographic map at the time of designating the improvement zone (hereinafter “instant improvement zone”).

On March 26, 2010, the instant promotion committee filed an application for approval to revise the promotion committee with the said improvement zone as an area scheduled to implement the project. On April 23, 2010, the head of Mapo-gu approved the amendment of the promotion committee of this case (hereinafter “approval to revise the promotion committee of this case”) on the ground that he/she obtained the consent of 207 persons, among 401 owners of land, etc. in the instant improvement zone, etc.

The promotion committee of this case thereafter.

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