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(영문) 전주지방법원군산지원 2017.07.18 2016가단53850
소유권이전등기
Text

1. The Defendants trust on October 19, 2012 with respect to each of the pertinent real estate listed in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project partnership which completed establishment registration on October 25, 2012 with approval for establishment of an association on October 25, 2012 pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “former Act”) for the purpose of promoting a housing reconstruction improvement project (hereinafter “instant reconstruction project”) for one parcel of land, E, and two parcels of land (hereinafter “instant rearrangement zone”).

B. The Defendants are individual owners of each of the pertinent real estate listed in the separate sheet of real estate in the improvement zone of this case (hereinafter “each of the pertinent real estate of this case”) and consented to the establishment of the Plaintiff. The Defendants possess each of the pertinent real estate of this case.

C. On January 29, 2015, the Plaintiff received a public announcement of the project implementation authorization for the instant reconstruction from the Gunsan Market, a competent authority, and the Defendants completed the application for parcelling-out within the period of application for parcelling-out as publicly notified by the Plaintiff.

On November 13, 2015, the Gunsan City, the competent authority, authorized the management and disposal plan under the instant reconstruction project, and announced it on November 16, 2015.

Article 46 (Public Notice of Parcelling-Out and Application for Parcelling-Out) (1) A project implementer shall notify the owners of lands, etc. of the outlined details of charges, the period for application for parcelling-out, and other matters prescribed by the Presidential Decree within 60 days from the date of public announcement of project implementation authorization under Article 28 (4) (the date of concluding a contract with the contractor where a contractor is selected) and publicly notify the details of sites or structures subject to parcelling-out,

In such cases, the period for application for parcelling-out shall be between 30 and 60 days from the date of notification thereof.

Provided, That the project executor shall be as provided in Article 48 (1).

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