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(영문) 서울북부지방법원 2018.01.11 2017가합22203
지연손해금청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 4, 2008, the Defendant obtained authorization from the head of Seoul Central Government on September 19, 2008 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and completed the establishment registration on September 19, 2008, 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 establishing an association for housing reconstruction projects related to D Il-gu Seoul Central District 68,230.5 square meters (hereinafter “instant rearrangement zone”). On December 13, 2009, the Defendant collected new written consent from the owners of the land, etc. located in the instant rearrangement zone and obtained authorization for the establishment from the head of the Seoul Central Government on April 13, 2010, and the Plaintiffs owned each real estate (hereinafter “the instant real estate”).

C. On May 10, 2010, the Defendant filed a lawsuit against the Deceased under Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”). On November 3, 2010, the Seoul Northern District Court sentenced the Deceased to take procedures for the transfer of ownership on the ground of sale on September 1, 2010, while receiving KRW 1,832,434,80 from the Defendant for payment on November 3, 2010, the Deceased paid KRW 1,832,434,80, and at the same time, issued a judgment to transfer the said real estate.

(Seoul Northern District Court 2010Kahap3821). D.

Although the deceased appealed against this, on December 10, 201, the deceased died, and on December 10, 201, the real estate in this case owned by the deceased inherited 1/5, 4/5 shares in consultation and division, respectively, and accordingly, the deceased took over the lawsuit at the appellate court of the deceased.

E. Regarding the judgment of the Seoul High Court on August 16, 2012, the Seoul High Court received KRW 366,486,960 from the Defendant, and at the same time, the Plaintiff A implements the procedure for ownership transfer registration for one-fifth of the instant real estate on September 1, 2010, and delivers the said real estate, and the Plaintiff B delivers the said real estate from the Defendant.

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