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(영문) 수원지방법원안양지원 2014.11.14 2011가합10193
소유권이전등기절차이행
Text

1. The Plaintiff:

A. Defendant B received KRW 127,756,00 from the Plaintiff and simultaneously received KRW 127,756,00 from the Plaintiff, set forth in attached Table 1 through 1.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Plaintiff is the Plaintiff’s Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “Urban Improvement Act”) for the purpose of housing reconstruction projects at the Nilwon in Ansan-si, Ansan-si.

(2) On July 1, 201, the Plaintiff sent a written peremptory notice to the effect that on August 25, 201, the Defendants, other than Defendant I, and M, agreed to the establishment of an association within two months (hereinafter “the instant peremptory notice”) to the Defendants andO, other than Defendant I, and M, who obtained authorization from the Ansan market and completed the establishment registration of the same day. The Defendants andO, other than Defendant D, were the owners of each real estate listed in the separate sheet included in the said project implementation district. 2) On August 25, 2011, the Plaintiff sent the written peremptory notice to the Plaintiff and the Plaintiff, by content-certified mail. The Defendants andO, other than Defendant I, and M, received the instant peremptory notice and did not reply to the Plaintiff even thereafter.

3) On November 1, 2011, theO completed the registration of ownership transfer on September 17, 201 with respect to the real estate listed in paragraph (8) of [Attachment List No. 8] to Defendant I on November 1, 201. (4) On December 23, 2011, the Plaintiff exercised 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”) by serving a copy of the complaint in this case to the Defendants other than Defendant M.

5) On April 2, 2012, on which the instant lawsuit is pending, Defendant D completed the registration of ownership transfer on the real estate stated in Section 8 of the Attached Table 3 List with respect to Defendant M on March 8, 2012, based on a donation from March 8, 2012. 6) The assessed market value of each real estate listed in the Attached Table as of the base date of delivery of a copy of the instant complaint stating the Plaintiff’s declaration of intent to request sale is as listed below (hereinafter “instant table”).

Of the real estate in [Attachment 1] List 1-7 of [Attachment 1] among the real estate in [Attachment 1], the market value at the time of the base real estate is assessed (won) and Paragraph 8 of this Article.

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