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(영문) 서울중앙지방법원 2016.02.04 2014가합587656
소유권이전등기
Text

1. Defendant B received KRW 1,678,452,920 from the Plaintiff, and at the same time, attached Tables 1 and 2 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a reconstruction association established for a housing reconstruction project to remove the previous old buildings located on the ground of 14,593m2 (hereinafter “instant rearrangement zone”) in total of 14,593m2 in Gangnam-gu Seoul Metropolitan Government D D (hereinafter “instant rearrangement zone”) and to newly build apartment houses and ancillary and welfare facilities (hereinafter “instant reconstruction project”).

B. The Plaintiff was a reconstruction association under the Housing Construction Promotion Act, which was established by the head of Gangnam-gu Seoul Metropolitan Government as an “E reconstruction association” on June 21, 2003, but the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) was enacted on December 30, 202 and came into force on July 1, 2003, the Plaintiff completed the registration of incorporation on July 29, 2003.

C. Meanwhile, on May 11, 2006, the Plaintiff promoted a consolidation with the F reconstruction association and G reconstruction association.

As a result of such integration, on November 28, 2013, “H Housing reconstruction improvement zone was designated and publicly notified” for the instant rearrangement zone.

(I) The Plaintiff received a written consent to establish an association (change) from 214 owners of all land or buildings in the rearrangement zone of this case, and on June 24, 2014, the Plaintiff obtained authorization for the establishment of an association, the main contents of which are the expansion of the rearrangement zone as follows, from the head of Gangnam-gu Office:

After the change of the number of association members of A Housing Reconstruction Project Association J 171 80.37% (172/214), D 14,593.4, the number of association members of A Housing Reconstruction Project Association, the current status of authorization, after the change of the number of association members of A Housing Reconstruction Project Association J 171 80.37% (172/214), D 14,593.7 12,976.4, "Public Notice on Designation of H Housing Improvement Zone", among three existing associations (F, G, and E) within the district to implement the procedures for the change of association by designating three association as an association-managing partnership among the three associations (F, G, and G) located within the district pursuant to the "Public Notice on Designation of H Housing Improvement Zone."

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