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(영문) 인천지방법원 2018.09.21 2016가합52339
소유권이전등기
Text

1. The Defendants shall pay the respective money stated in the corresponding “the Dong City Implementation Amount” in the attached Form 1 trading statement from the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s establishment and the Defendants’ establishment of the Plaintiff 1) The Plaintiff is the Seo-gu Incheon Seo-gu H Il-gi 15,244.5 square meters (hereinafter “instant improvement zone”).

In the case of A apartment reconstruction rearrangement project (hereinafter referred to as “instant rearrangement project”)

In order to implement the Act, the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”) which completed the establishment registration on November 12, 2015 after obtaining authorization for establishment from the head of Seo-gu Incheon Metropolitan City head of the Gu on November 11, 2015.

(2) The Defendants were owners of each real estate listed in the separate sheet No. 1 in the separate sheet No. 1 in the instant rearrangement zone (hereinafter “instant real estate”) and possessed each real estate as the owners of each real estate listed in the separate sheet No. 1 in the separate sheet. The Defendants did not express their consent to the establishment of the association at the time of the Plaintiff’s establishment.

B. The Plaintiff’s sending and delivery result 1) The Plaintiff is the Act on the Ownership and Management of Aggregate Buildings and Article 39 of the Act on the Maintenance of Urban Areas and the Act on the Ownership and Management of Aggregate Buildings.

Pursuant to Article 48, on November 23, 2015, a peremptory notice to the effect that the Defendants would reply to whether to consent to the establishment of an association and, if they do not reply within two months, they would exercise the right to demand sale (Article 4-1 through 3, No. 4-6 through 8, and hereinafter “instant peremptory notice”).

(2) Although Defendant C and G sent each of the instant peremptory notices by content-certified mail, Defendant C and C were served on November 24, 2015, Defendant F on November 30, 2015, Defendant D and E received each of the instant peremptory notices on December 2, 2015, they did not answer whether they agreed to the establishment of an association within two months thereafter.

3. Meanwhile, Defendant B was served the instant written peremptory notice until March 2, 2016, which was the date of the instant lawsuit.

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