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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원안산지원 2015.06.11 2011가합10652
소유권이전등기절차이행청구 등
Text

1. The Plaintiff:

A. Defendant B (1) [Attachment 1] [Attachment 1] with respect to the pertinent real estate indicated in the “real estate subject to sale” column.

Reasons

1. Indication of claim;

A. The Plaintiff is, for the purpose of implementing a reconstruction project on August 22, 2011, the Housing Reconstruction and Improvement Project Association which completed the registration of incorporation on August 29, 201 pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 10599, Sept. 16, 201; hereinafter “Urban Improvement Act”) with the approval of establishment on August 29, 201 for the purpose of implementing a reconstruction project on the land of the member-gu, Ansan-si, Incheon Metropolitan Government

B. The Defendants are owners of each of the pertinent real estate stated in the [Attachment 1] column for “real estate subject to sale” in the above business site.

C. The Defendants did not reply to the Plaintiff’s delivery of a letter of peremptory notice stating the Plaintiff’s consent to the establishment of an association or a copy of the complaint of this case. As such, the Plaintiff, pursuant to 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, filed a claim against the Defendants for sale of each of the pertinent real estate stated in the “real estate subject to sale” [Attachment 1] at the market price

Therefore, attached Table 1 [Attachment 1] The sale contract between the Plaintiff and the Defendants was concluded with respect to each of the pertinent real estate stated in the “real estate subject to sale” as the sale price.

Meanwhile, in a real estate sales contract, a seller’s duty to transfer ownership, a seller’s duty to deliver an object, and a buyer’s duty to pay the purchase price is related to the simultaneous performance. The Plaintiff exercising the right to demand sale may refuse to pay to the Defendants the maximum debt amount of the right to collateral security and the amount equivalent to the amount of delinquent tax, which is the cause of seizure. Ultimately, the purchase price under the sales contract established between the Plaintiff and the Defendants is as stated in [Attachment 1] [Attachment 1] and the amount calculated by deducting each corresponding amount stated in the “the maximum debt amount” and “the amount of delinquent tax” from each corresponding amount indicated in the “appraisal”.

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