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(영문) 서울중앙지방법원 2017.10.26 2015가합509059
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Relevant Defendant B is the owner of each real estate listed in the list (attached Form 1), Defendant C is the owner of each real estate listed in the list (attached Form 2), Defendant D is the owner of each real estate listed in the list (attached Form 3), Defendant E is the owner of each real estate listed in the list (attached Form 4), Defendant E is the owner of each real estate listed in the list, and the Plaintiff is the corporation established by the Act on the Improvement of Urban and Residential Environments (hereinafter “Urban Improvement Act”) to remove each of the above real estate and implement the housing reconstruction project (hereinafter “instant housing”).

B. As the instant detached houses, such as authorization to establish a rearrangement zone and authorization for modification, become old and inferior, some owners established the Plaintiff association with the size of 173 members, 204 households to be constructed, 12,389.25 square meters, and the size of the site was 12,389.25 square meters under the former Housing Construction Promotion Act, and completed the registration of incorporation after obtaining authorization for establishment from the head of Gangnam-gu Seoul Metropolitan Government on June 30, 2003. After consultation to promote a reconstruction project by combining neighboring areas, the head of Gangnam-gu Seoul Metropolitan Government obtained designation and a topographical map from the head of the Seoul Metropolitan Government on December 12, 2013, and obtained authorization for establishment from the head of the Gangnam-gu Office on June 28, 2014.

C. On July 23, 2014, the Plaintiff Union, such as the peremptory notice for exercising the right to demand sale, notifies the Defendants to answer to the Defendants as to whether they consented to the alteration of the Plaintiff Union’s establishment, etc. on July 23, 2014, in order to exercise the right to demand sale under Article 39 of the Urban Improvement Act and Article 48 of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”) against the Defendants, who own each of the instant real estate within the instant project zone, and demand the Defendants to reply to Defendant B and D on October 15, 2014, respectively.

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