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(영문) 대구지방법원 2019.06.21 2018가합200093
소유권이전등기
Text

1. At the same time, the Plaintiff receives each corresponding amount of money as stated in the attached list “(d)” from the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing reconstruction improvement project (hereinafter “instant rearrangement project”) as a project site in the Nam-gu Nam-gu Seoul metropolitan area (hereinafter “instant rearrangement project”). On September 24, 2015, the Plaintiff completed the establishment registration on October 26, 2015, after obtaining authorization from the head of Daegu Southern-gu Gu for the establishment of the association.

B. The Defendants are owners of each of the pertinent real estate stated in the “real estate owned” column in the annexed sheet located in the instant rearrangement zone (hereinafter collectively referred to as the “each of the instant real estate”).

C. On August 9, 2017, the Plaintiff obtained project implementation authorization from the head of Daegu Head of the Gu, and the said project implementation authorization was publicly notified on August 10, 2017.

(G) On September 12, 2017, the Plaintiff: (a) on September 15, 2017, the Plaintiff issued an application period for parcelling-out to its members for parcelling-out, setting the period from September 15, 2017 to October 14, 2017; (b) extended the period of application for parcelling-out on October 13, 2017 to October 18, 2017; and (c) the Defendants did not apply for parcelling-out during the said period of application for parcelling-out.

On March 2, 2018, the Plaintiff received the approval of the management and disposal plan from the head of Daegu Nam-gu, and the approval was publicly notified on March 12, 2018.

(M) The fact that there is no dispute (based on recognition), entry in Gap evidence 1 through 7, 11, and 12 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Determination as to the cause of action

A. Where a member who has agreed to establish an association in a housing reconstruction project under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) becomes subject to cash settlement under Article 47 of the same Act due to the reasons such as not applying for parcelling-out, etc., the project implementer shall have the said member.

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