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(영문) 대구지방법원 2018.02.22 2017가단109998
소유권이전등기
Text

1. The defendant shall receive KRW 315,463,00 from the plaintiff and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. As prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is an association established for the purpose of implementing a housing reconstruction improvement project (hereinafter “instant reconstruction project”) with the contents of removing old and inferior existing buildings located in the area of 59,673.80 square meters (hereinafter “instant rearrangement zone”). The Defendant is a person who owns real estate listed in the attached Table (hereinafter “instant real estate”) as land in the instant rearrangement zone.

B. On October 28, 2016, the Plaintiff obtained authorization for the establishment of an association from the head of Daegu Metropolitan City, the head of the Gu, and completed the establishment registration on October 31, 2016.

C. The defendant is a person who does not consent to the establishment of the association.

On January 26, 2017, the Plaintiff sent a written peremptory notice to the Defendant within two months from the date of receipt of the written peremptory notice as to whether the Plaintiff consented to the establishment of the association, and the said peremptory notice was served on the Defendant on January 31, 2017.

On March 28, 2017, the Defendant expressed to the Plaintiff the intent not to participate in the reconstruction by means of content-certified mail.

E. The Plaintiff, via the instant complaint submitted on April 14, 2017, filed a claim with the Defendant to sell the instant real estate owned by the Defendant at the market price under the relevant statutes, and the instant warden was served on the Defendant on April 21, 2017.

F. As of April 21, 2017, the value of the instant real estate is KRW 315,463,000.

[Ground] Facts without dispute, entry of Gap 1 or 9 evidence (including additional number), the result of the request for appraisal by this court, the purport of the whole pleadings

2. As to the instant lawsuit seeking transfer of ownership by the Plaintiff’s exercise of the right to claim sale of the defense prior to the merits, the Defendant shall undergo consultation for more than three months prior to the Plaintiff’s exercise of the right to claim sale.

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