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(영문) 서울동부지방법원 2021.02.03 2020나22423
소유권이전등기
Text

1. Upon a claim for a change in exchange at this court, the Defendant shall pay KRW 402,00,000 from the Plaintiff.

Reasons

Basic Facts

The plaintiffs, the defendants, and the Z owned by the parties to the rebuilding agreement, as shown in the ownership status of the attached Table 2, each corresponding heading room of the 4th floor of the steel-based dives sloping sloping sloping house (hereinafter "the instant house") in Songpa-gu Seoul, Songpa-gu, Seoul.

On February 2, 2019, the Plaintiffs agreed to the reconstruction of the instant housing, namely, nine households among the owners of the instant housing, and determined the terms of the contract with the contractor for construction, the contributions for each household, and the designation of the number of units for each household.

The Plaintiffs filed an application for reconstruction deliberation with Songpa-gu on March 4, 2019, and the Songpa-gu Building Committee made conditional decisions on March 16, 2019.

The Plaintiffs filed the instant lawsuit against the Defendant on April 8, 2019, and exercised the right to demand sale as prescribed in Article 48 of the Act on Ownership and Management of Condominium Buildings (hereinafter “Act”) by serving the instant complaint on the grounds that the Plaintiffs filed the instant lawsuit against the Defendant, and sought performance of the registration procedure for transfer of ownership and delivery of real estate based on the sales contract on the date of delivery of the copy of the complaint, and the said duplicate of the complaint was served on the Defendant on July 5, 2019.

However, the first instance court notified the defendant in writing as to whether the plaintiffs participated in the rebuilding.

Since the exercise of the above right to demand sale is not effective, the plaintiffs' claim was dismissed on February 14, 2020 on the ground that the exercise of the right to demand sale did not meet the requirements.

The Plaintiffs filed an appeal against the judgment of the first instance against the instant rebuilding resolution and the right to claim new sale. On February 26, 2020, Plaintiff A, including the Defendant, sent to the sectional owners of the instant housing, a notice that the general meeting relating to the instant housing rebuilding was convened on March 7, 2020.

Of the sectional owners of the instant housing, the remainder of 10 households, excluding the Defendant, are the owners of the instant housing.

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