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(영문) 서울중앙지방법원 2020.04.23 2019가합530228
소유권이전등기
Text

1. Defendant D Co., Ltd.:

A. The Seoul Central District Court regarding each real estate listed in the separate sheet No. 1 to Defendant B.

Reasons

Basic Facts

The Plaintiff is an association established for the purpose of the owners of the aggregate buildings A (hereinafter referred to as the “instant building”) located on the ground of Seocho-gu Seoul Metropolitan Government F Land (hereinafter referred to as the “instant project site”) to remove the instant building and reconstruct new commercial buildings and officetels on the land (hereinafter referred to as the “instant reconstruction project”).

Defendant B owns each real estate (shares) listed in the separate sheet No. 1 as co-owners of the underground floor G of the instant building, and Defendant C owns each real estate (shares) listed in the separate sheet No. 2 as co-owners of the underground floor H of the instant building.

(A) The building of this case, including the real estate listed in the separate sheet No. 1 list and each of the real estate listed in the separate sheet No. 2 list, is an old-age building for which more than 30 years have passed since its construction, and the need for reconstruction has been raised since 2007. From around 2017, some owners of the building of this case, including Defendant B, began to implement a reconstruction project in full scale as the main axis, and on December 29, 2017, 43 persons, including I, Defendant B, and C, who were sectional owners, were the owner of the building of this case, were the owner of the building of 43 stories underground and above-ground 18 stories, and were granted a building permit for construction of an officetel at the site of this case.

Article 2 (Purpose) The association, as prescribed by the Act on the Ownership and Management of Aggregate Buildings, the Building Act, and the articles of association of this case, shall, in the construction of new commercial buildings and officetels on the land, ensure that the association's business affairs are legitimate, reasonable, democratic, and reasonable, and that the reconstruction project is efficiently and economically promoted, thereby improving urban environments and creating profits for its members.

Article 8 (Qualification for Membership, etc.) (1) A member shall be a corporation holding the ownership of the land in the place of project execution.

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