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(영문) 부산고등법원(창원) 2015.01.08 2013나4626
소유권이전등기등
Text

1.The judgment of the first instance shall be modified as follows:

The defendants are paid 122,00,000 won by the plaintiff.

Reasons

1. Facts of recognition;

A. The relationship 1) The Plaintiff is the Plaintiff’s housing reconstruction project in Changwon-si Lil-si, Changwon-si (hereinafter “instant reconstruction project”).

(2) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”)

(2) The Defendants were the owners and occupants of each real estate listed in the separate sheet (hereinafter referred to as “instant 0 real estate”) located in the implementation zone of the instant reconstruction project, and agreed to the instant reconstruction project as the Plaintiff’s members.

B. After receiving project implementation authorization on December 20, 2007, the Plaintiff neglected to apply for parcelling-out, the “from October 17, 201 to November 16, 201” was determined and publicly announced as the period for application for parcelling-out.

However, the defendants did not apply for parcelling-out until the period of application for parcelling-out expires.

C. On September 20, 2012, the Plaintiff obtained approval of a management and disposal plan based on the current status of the application for parcelling-out from the creative market on September 20, 2012. 2) The registration of creation of a mortgage over KRW 24 million and KRW 12 million, respectively, on the first real estate of this case, and on the third real estate of this case, the registration of creation of a mortgage over KRW 60 million with the maximum debt amount.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including each number; hereinafter the same shall apply), the purport of whole pleadings

2. The assertion and judgment

(a) A project implementer provided for in Articles 39 and 39 of the Act on the Establishment of Sales Contracts Following the exercise of a claim for sale may file a claim for sale with respect to the land or building of any of the following persons when implementing a housing reconstruction project or a block-unit housing rearrangement project by applying mutatis mutandis the provisions of Article 48 of the Act on the Ownership and Management of Condominium Buildings:

In such cases, a rebuilding resolution shall be designated as a project implementer in the case of subparagraph 3 of the consent to the establishment of the association.

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