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(영문) 서울남부지방법원 2013.10.29 2010가합18059
소유권이전등기
Text

1.(a)

Defendant B, C, D, E, G, H, I, and J shall state the amount to be paid by the Plaintiff, respectively.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is a housing reconstruction project association established to implement the housing reconstruction project (hereinafter “instant reconstruction project”) in the area of 53,239 square meters in Yeongdeungpo-gu Seoul Metropolitan Government AG Seoul pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(2) Defendant B, C, D, E, F, G, H, I, and J (hereinafter “Defendant B and eight others”) are the owners of each real estate listed in the separate sheet No. 1 in the improvement zone of the instant reconstruction project (hereinafter “instant real estate”, and the remaining real estate is specified in the same manner as above according to the separate sheet No. 1).

The remaining Defendants except Defendant B and eight others (hereinafter “Defendant K and 21 others”) are as follows:

A lessee who leases each real estate listed in the separate sheet No. 1 from Defendant B and eight others, such as the same paragraph.

B. (1) During the process of promoting the Plaintiff’s reconstruction project (1) the promotion committee for the establishment of the AA Housing Redevelopment Project shall obtain approval from the head of Yeongdeungpo-gu Office on March 5, 2009, and the said committee shall hold an inaugural general meeting for establishing the association on April 19, 2010 to elect partnership officers and establish the Plaintiff by determining the articles of association.

(2) On April 28, 2010, the Plaintiff obtained authorization for establishing an association from the head of Yeongdeungpo-gu Office, and completed the registration of establishing an association on May 6, 2010.

(3) On July 12, 2010, the Plaintiff: (a) held an extraordinary general meeting and selected Daelim Industry Co., Ltd. as the contractor; and (b) obtained authorization for the implementation of the project from the head of Yeongdeungpo-gu on February 27, 2012.

C. The Plaintiff’s demand for sale and the Plaintiff’s demand for sale (1) a peremptory notice to ask Defendant B and eight other parties to agree on the establishment of the partnership on two occasions on June 1, 2010 and June 16, 2010 in order to make a demand for sale pursuant to Article 39 of the Urban Improvement Act and Article 48 of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”).

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