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(영문) 서울중앙지방법원 2014.07.03 2012가합108943
소유권이전등기 등
Text

1. The remaining Defendants except Defendant W shall pay each of the money indicated in the purchase price column in attached Form 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting housing reconstruction projects for the Dongjak-gu Seoul Y Group, including each real estate listed in the separate sheet No. 2. List No. 2. The Plaintiff completed the establishment registration on July 2, 2012 after obtaining authorization from the head of Seoul Dongjak-gu head of the Gu for the establishment of the association.

B.1) At the time of December 31, 2012, the filing date of the instant lawsuit, the Defendants, other than Defendant W, possessed each of the said real estates as indicated in the separate sheet No. 2, and all of the said Defendants did not join the Plaintiff as the Plaintiff’s partner. (2) Defendant W completed the registration of the entire claim for transfer of shares as the Seoul Central District Court’s receipt No. 220196, Sept. 25, 2012, with respect to Defendant V’s 2/3 shares among the instant real estates No. 18 (1).

C. On September 3, 2012 or September 20, 2012, the Plaintiff notified the remaining Defendants, other than Defendant W and X, by content-certified mail that they will respond to whether they participate in reconstruction pursuant to 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”). The Defendants received each highest notice at that time, but did not state their intention to participate until the lapse of two months.

On the other hand, on September 3, 2012, the Plaintiff sent the above peremptory notice to Z on September 3, 2012, and Defendant X received it on September 4, 2012, which was the denial of Z, and Defendant X completed the registration of ownership transfer on September 19, 2012 for the above real estate by consultation and division on May 16, 2012.

The copy of the complaint of this case stating that the Plaintiff shall exercise the right to sell each real estate listed in the separate sheet No. 2. List No. 2, 3, D, E, F, G, H, and H. on May 8, 2013.

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