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(영문) 서울고등법원 2016.09.07 2015나32440
소유권이전등기
Text

1. The Plaintiff’s appeal against Defendant F, G, I,O, and P and the appeal against Defendant B, C, D, D, E, H, J, K, N, Q, Q, Q, T, U, V, and W.

Reasons

1. Basic facts

A. On September 2, 2010, the head of Seocho-gu Seoul Metropolitan Government announced the designation and maintenance plan of the rearrangement zone as to the land of approximately 176,590 square meters of the Seocho-gu Seoul Metropolitan Government Z (hereinafter “instant rearrangement zone”) including the real estate listed in the attached Table 3.

The Plaintiff was established pursuant to Article 16(2) and (3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11580, Dec. 18, 2012; hereinafter “former Act”). On May 10, 2012, the Plaintiff obtained authorization from the head of Seocho-gu Seoul Metropolitan Government as a housing reconstruction and improvement project partnership for the promotion of the housing reconstruction improvement project in the instant rearrangement zone from the head of Seocho-gu Seoul Metropolitan Government, and completed the establishment registration on May 14, 2012.

B. The Defendants, who did not consent to the establishment of the Plaintiff, owned each of the pertinent real estate listed in the separate sheet Nos. 3 in the instant rearrangement zone in proportion to the shares in the “real estate” column in the separate sheet Nos. 1 and 2, and did not express their consent to the establishment of the Plaintiff association at the time of the establishment of the Plaintiff association.

C. (i) On July 5, 2012, the Plaintiff sent the Plaintiff’s letter of peremptory notice to the Defendants by content-certified mail, stating the intent to agree to the establishment of the Plaintiff’s association under Article 39 of the former Act and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act on the Ownership and Management of Aggregate Buildings”).

D. The remaining Defendants, other than Defendant F, G, I,O, and P, received each of the instant peremptory notices on the date indicated in the “Peremptory Notice” column in attached Table 1 of the Sale Statement 1, but Plaintiff was within two months from the date of receipt of the instant peremptory notice.

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