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(영문) 서울고등법원 2020.02.11 2019나8186
소유권이전등기 등
Text

1. The judgment of the first instance court, including the Defendant (Counterclaim Plaintiff) S and C’s counterclaim claim, is modified as follows.

Reasons

1. Basic facts

A. On January 23, 2008, the Plaintiff as a party is a reconstruction association that obtained authorization from the head of Eunpyeong-gu Seoul Metropolitan Government for the establishment of a reconstruction project of the N Il large 32,002.5 square meters on October 10, 2008 and obtained authorization for the alteration thereof on October 10, 2008, with the improvement zone size of 32,074 square meters as 32,074 square meters. The Defendants (including the counterclaims) owned each real estate listed in the list of real estate attached to the above project area (hereinafter “each real estate of this case”), and acquired the Plaintiff’s membership by obtaining consent to the establishment of the Plaintiff.

B. The Plaintiff’s authorization for project implementation or authorization for modification and the third sale 1, 2, and 1) the Plaintiff’s authorization for project implementation from the head of Eunpyeong-gu on May 28, 2009 (O of Eunpyeong-gu public announcement; hereinafter “the first authorization for project implementation”).

Upon receipt of a contract for construction works with a contractor on September 23, 2009, the period for application for parcelling-out was determined on November 20, 2009 from the same date to December 24, 2009 from the same date and publicly announced the application for parcelling-out (hereinafter referred to as "first-out sale").

(2) On July 14, 201, the Plaintiff changed a project implementation plan to increase the number of households instead of reducing the exclusive use area, and then publicly announced the application for parcelling-out by setting the period for application for parcelling-out from the same date to September 5, 201 by the head of Eunpyeong-gu with the approval for the implementation of the project (hereinafter “approval for the first implementation of the project”) and August 4, 2011.

(3) As a result of the actual inspection, the Plaintiff changed the project implementation plan to the summary of converting a member who wants to obtain a serious square type into a small-sized ordinary household as a result of the foregoing change, and on March 7, 2013, after obtaining a project implementation authorization from the head of Eunpyeong-gu Office (hereinafter “the second project implementation authorization”).

On March 26, 2013, the period for application for parcelling-out was determined and announced to May 3, 2013 from the same date as the period for application for parcelling-out, and the period for application thereafter shall be made only once until May 23, 2013.

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