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(영문) 서울서부지방법원 2015.10.22 2015가합30442
소유권이전등기
Text

1. As to the real estate indicated in the Schedule 5 and 6, Defendant D’s acceptance intervenor E, Defendant F is the same.

Reasons

Basic Facts

The Plaintiff is a housing reconstruction and improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting a housing reconstruction improvement project (hereinafter “instant improvement project”) on the 20,568 square meters of land located in Mapo-gu Seoul Metropolitan Government G.

The Plaintiff obtained authorization for the establishment of an association from the head of Mapo-gu Seoul Metropolitan Government on November 2, 201, and obtained authorization for the establishment of an association on August 17, 2012.

The Defendants are owners of each real estate listed in the separate sheet No. 1 (hereinafter referred to as “each of the real estate No. 1 through No. 8”) within the instant rearrangement project zone, and the combination thereof is referred to as “each of the instant real estate”).

(As seen below, the real estate Nos. 5 and 6 owned by Defendant D transferred its ownership to Defendant E). The Plaintiff determined the period of application for parcelling-out from October 7, 2013 to November 6, 2013, and notified and announced the application for parcelling-out.

The defendants are members of the plaintiff by filing an application for parcelling-out within the above application period for parcelling-out.

On December 10, 2014, the head of Mapo-gu Seoul Metropolitan Government shall revise the management and disposal plan of the plaintiff, and on the 18th of the same month, he/she publicly announced it under Article 1613 of the Mapo-gu Gu newsletter

Defendant D’s acquiring intervenor E (hereinafter “acquisition Intervenor”) purchased, on June 29, 2015, 5 and 6 real estate owned by Defendant D during the instant lawsuit pending on June 29, 2015 and completed the registration of ownership transfer on the same day.

On July 3, 2015, the Plaintiff filed an application with the assignee for participation in the acquisition of Defendant D, and this Court rendered a decision that the assignee will accept the instant lawsuit on behalf of the said Defendant.

[Ground] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 8, Eul evidence Nos. 6, the purport of the whole pleadings, and the provisions of the Urban Improvement Act and the articles of incorporation (Evidence No. 3) are as follows.

Article 46 (Public Notice of Sale in Lots and Application for Parcelling-out) (1) A project implementer shall be under Article 28 (4).

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