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(영문) 서울서부지방법원 2017.04.27 2013가합34952
소유권이전등기
Text

1.(a)

Defendant B received KRW 175,00,000 from the Plaintiff and simultaneously entered in attached Table 2 List 1 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and rearrangement project association established to implement the housing reconstruction improvement project (hereinafter “instant project”) on the scale of 19,768 square meters in Eunpyeong-gu Seoul Metropolitan City. The Plaintiff is the Defendant (Appointed Party) L, and the designated parties indicated in the list of the designated parties in the attached Form 1 (hereinafter “Defendant L, etc.”) and the remaining Defendants are owners of each real estate listed in the attached Table 2 list (hereinafter “each real estate in this case”) located in the instant project area, and their ownership status of each real estate in the attached Table 4 are as indicated in the “real estate” column in attached Table 4.

[Defendant L, etc.] The network N (hereinafter “the network”).

(B) his/her heir is his/her child or grandchild, and as the deceased died, he/she has inherited the real estate listed in Section 15 of [Attachment II], and owns 1/6 shares, respectively.

From June 25, 2013, the Plaintiff sent a written peremptory notice to the Defendants from around June 25, 2013, to the effect that, within two months, whether the Plaintiff consented to the establishment of the Plaintiff association pursuant to Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Act”), the written peremptory notice was not served on the Deceased or Defendant L, etc., and the remaining Defendants did not reply within two months after receiving the notice.

Accordingly, the Plaintiff exercised the right to claim the sale of real estate owned by the said Defendants by serving a duplicate of the instant complaint on the remaining Defendants except Defendant L, etc., and the duplicate of the instant complaint was served to the said Defendants as indicated below.

In addition, the plaintiff notified the defendant L, etc. who was not served with the above peremptory notice to determine whether the plaintiff consented to the establishment of the plaintiff's association through the instant complaint, and exercised the right to sell.

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