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(영문) 서울서부지방법원 2016.05.04 2015가합37641
소유권이전등기
Text

1. The Defendants have caused the trust on March 12, 2010 with respect to each of the real estates listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff obtained authorization to establish an association from the head of Mapo-gu Seoul Metropolitan Government on March 12, 2010

3. The reconstruction project partnership which completed the registration of incorporation on 16. The defendants are co-owners of each real estate in the attached Form in the reconstruction project zone, who consent to the establishment of the plaintiff's association.

B. On February 23, 2012, the Plaintiff formulated a management and disposal plan based on the application for parcelling-out from the members after receiving an authorization for project implementation on February 23, 2012, and issued a public notice upon the approval of the management and disposal plan on May 27,

C. Article 10(1) of the Plaintiff’s articles of association provides that “A partner shall have the following rights and obligations.” Article 10(1)7 provides that “In order to smoothly implement a reconstruction project, a partner shall carry out an ownership transfer registration procedure on the land or a building, etc. owned by the partner within the trust period designated by the partnership, based on the trust date for authorization for establishment of an association.” Article 37-2(1)1 of the Articles of association provides that “Where a partner fails to carry out a trust registration to the partnership within the trust period, the partnership may file a claim for ownership transfer registration based on the trust date for authorization for establishment of the partnership with the relevant partner, and in this case, the expenses incurred in a trust lawsuit shall be fully borne by the relevant partner.”

On July 9, 2015, the Plaintiff: (a) documents necessary for the registration of trust to the Defendants.

7. The defendants did not comply with the above although the defendants ordered to submit them to the 25th day.

【Reasons for Recognition】 Each entry, and the purport of the whole pleadings, as described in the items of Category A through 4-2, 6-1, 6-2, 6-4 through 6-9, 8 and 9

2. According to the judgment and the facts of the above recognition, the defendants, a member of the plaintiff, are in accordance with the provisions of the articles of incorporation of the plaintiff as to 1/2 of each of the real estate listed in the attached Form.

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