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(영문) 대구지방법원서부지원 2019.12.11 2019가단60575
소유권이전등기
Text

1. The Defendant has caused the Plaintiff’s trust on October 8, 2013 for each of the real estate listed in the attached list.

Reasons

1. The Plaintiff is a housing reconstruction and improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for a housing reconstruction project (hereinafter “instant reconstruction project”) with a housing reconstruction project area with a size of 56,100 square meters, which is an implementation zone of 56,100 square meters, Seogu

The Plaintiff was authorized by the head of Daegu Metropolitan City/Gu to establish the association on October 8, 2013, and the authorization for the management and disposal plan on September 19, 2018, respectively.

The defendant is the owner of the real estate listed in the attached list within the project implementation district of the plaintiff.

The defendant consented to the establishment of the association, and applied for the application to the plaintiff.

Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

6. Obligation to remove and move by the business action plan;

7. The parts related to the claim of this case in the articles of association of the association which is obligated to invest land and buildings in the business area or to register trust shall be as follows:

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. 1) A person who becomes a partner of a reconstruction association has the duty to transfer the existing housing and land owned within the project zone to an association for the purpose of trust in order to achieve the objectives of the reconstruction project of the association as prescribed by the rules of the relevant association, and has the right to purchase new housing in response thereto (see, e.g., Supreme Court Decision 2008Da90347, Jan. 28, 2010).

In the case of the prescribed sectional owners, the right to use the site that they own is subject to the disposition of the section for exclusive use, and the reconstruction project is prohibited from disposing of the right to use the site separately from the said section for exclusive use. Therefore, the reconstruction project is based on the removal of the house located within the reconstruction area. Therefore, the members entrusted all the disposal rights, including the removal of the house, to the association.

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