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(영문) 대구지방법원 2019.07.04 2018가합203870
소유권이전등기
Text

1. The defendants receive each corresponding amount of money as stated in the “sale Price” column in the attached Table 1 list from the plaintiff.

Reasons

1. Basic facts

A. In order to promote a housing reconstruction project of 51,912.20 square meters in Daegu-gu, Daegu-gu, Seoul (hereinafter “instant reconstruction project”), the Plaintiff is a housing reconstruction and rearrangement project association that completed the establishment registration on January 21, 2009 with the approval of establishment from the head of the Dong-gu, Daegu-gu, Seoul-gu, and completed on February 4, 2009. The Defendants share the real estate indicated “real estate” in the attached Table 1 “shares” in the said list as indicated “shares” in the said list, and owned the instant land by the date of the closing of argument.

(B) On April 19, 2006, G, the nominal owner on the registry of 1/6 shares out of the instant land, died, and thereafter, inheritors, including the Defendants, inherited the said 1/6 shares in accordance with their statutory shares).

By January 31, 2018, the Plaintiff: (a) held an inaugural general meeting of union members and an ordinary general meeting of union members on February 2, 2018, following a new procedure demanding written consent to change the establishment of the association; and (b) passed a resolution on the following: (c) “a case of ratification of the articles of association;” “a case of ratification of the appointment of a representative”; and (d) “a case of ratification of the appointment of a representative”; and (e) applied for the change of the establishment in accordance with the above resolution; and (c) obtained the authorization of the establishment from the head of Daegu-gu Metropolitan City Dong on March 9, 201

C. The Plaintiff issued a peremptory notice to the Defendants as to whether the Defendants agreed to establish an association through the service of the duplicate of the instant complaint, and exercised the right to demand sale at the same time. The duplicate of the instant complaint was sent to Defendant B on July 10, 2018, to Defendant C on July 9, 2018, to Defendant C on August 8, 2018, to Defendant D on July 9, 2018, respectively.

However, Defendant C did not reply to the above peremptory notice within two months from that date, and the remaining Defendants did not reply to the above peremptory notice until the date of closing the argument in this case.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, 7 to 33 respectively.

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