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(영문) 대구고등법원 2016.08.31 2015나20682
소유권이전등기
Text

1.The judgment of the first instance shall be modified upon the primary claim added at the trial as follows:

Defendant B.

Reasons

1. Basic facts

A. As prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is the owner of each of the real estate listed in attached Tables 1 and 2 in attached Tables 3, 4, and 5 in attached Tables 3, 4, and 571 (hereinafter “each of the instant real estate”). The Plaintiff is a housing maintenance and improvement project association established for the purpose of removing the housing, etc. constructed in the housing reconstruction rearrangement zone A (hereinafter “instant rearrangement zone”) and constructing a new apartment on the land. The Defendant B is the owner of each of the instant real estate (hereinafter “each of the instant real estate”) in attached Tables 3, 4, and 5 in the instant rearrangement zone.

B. On December 11, 2006, the Daegu Metropolitan City Mayor and the Daegu Metropolitan City Mayor approved the establishment of the rearrangement zone designated the rearrangement zone A as the rearrangement zone A, and the head of Daegu Metropolitan City and the head of the Daegu Metropolitan City were authorized to establish an association with the Plaintiff on August 23, 2007.

C. On June 22, 2009, the Daegu Metropolitan City Mayor publicly notified the change of the rearrangement zone and the implementation of a project (the change). The Daegu Metropolitan City Mayor designated the area of the rearrangement zone in this case as 29,571.48 square meters and 28,33.60 square meters, and the head of the Daegu Metropolitan City Dong/Dong publicly notified the project implementation authorization on June 25, 2009. On March 11, 2014, the project implementation authorization was re-scheduled to 28,308.90 square meters.

Defendant C was a member of the Plaintiff’s association pursuant to Article 9(1) of the Plaintiff’s articles of association by preparing and submitting a written consent to the establishment of the association to the Plaintiff around November 2013, and on April 9, 2014.

On the other hand, on April 2, 2014, the head of Daegu Metropolitan City Dong/Dong rendered a disposition to alter the establishment of the Plaintiff.

(e) notification of the management and disposal plan.

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