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(영문) 서울중앙지방법원 2020.07.14 2019가단5105651
소유권이전등기
Text

1. Defendant C Co., Ltd. shall have the Seoul Central District Court as to each real estate listed in the separate sheet No. 1 attached to Defendant B.

Reasons

1. Basic facts

A. (1) The Plaintiff is an association established with a view to removing the instant building and rebuilding new stores and officetels on the land by the owners of the aggregate buildings A, an aggregate building located on the land of Seocho-gu Seoul Metropolitan Government D (hereinafter “instant project site”) (hereinafter “instant building”).

(2) Defendant B, as co-owners under subparagraph 5 of the underground floor of the instant building, owns each of the real estate (shares) listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”).

B. (1) The instant building, including the promotion of the instant reconstruction project and the details of the Plaintiff’s establishment, was an old-age building for more than 30 years since 2007, and there was a need for reconstruction from around 207. From around 2017, some owners of the instant building including Defendant B, including Defendant B, were the main axis, and the reconstruction project was promoted in full scale. On December 29, 2017, F and 42, who were sectional owners, were the owner of the instant building, were the owner of the building, and was granted a construction permit to newly build an officetel of 4th and 18th floor in the instant project site.

(2) On March 16, 2018, the sectional owners who agreed to form a reconstruction association have held an inaugural general meeting to establish the Plaintiff, established the rules of the association, and elected the representative F as the president of the association, and six officers, respectively.

Plaintiff

The main contents of the articles of incorporation are as follows:

Article 2 (Purpose) The association, as prescribed by the Act on Ownership and Management of Condominium Buildings and the Building Act, and the articles of association of this case, shall, in constructing new commercial buildings and officetels on the land, ensure that the association's work is legitimate, reasonable, democratic, and reasonable, and that the reconstruction project is efficiently and economically promoted, thereby improving the urban environment and creating profits for its members.

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