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(영문) 인천지방법원 2017.08.25 2016가단218149
소유권이전등기
Text

1. The Defendants received each of KRW 36,200,000 from the Plaintiff and simultaneously received the payment from the Plaintiff.

(a) the annexed list;

Reasons

1. Facts of recognition;

A. The Plaintiff is a reconstruction association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on May 30, 2005 for the purpose of removing the buildings of the apartment and constructing new apartment, the Plaintiff was granted authorization for the implementation of the project on January 6, 2006 by the head of Bupyeong-gu Incheon Metropolitan City, the authorization for the implementation of the project on April 9, 2012, and the authorization for the implementation of the project on December 30, 2015 by the management and disposal plan on December 30, 2015.

B. The Defendants are the Plaintiff’s members who own 1/2 shares of the real estate listed in the separate sheet in the instant project zone (hereinafter “instant real estate”).

C. On May 22, 2012, the Plaintiff received an application for re-sale from May 31, 2012 to June 29, 2012, and thereafter extended the application for re-sale from June 30, 2012 to July 19, 2012, but the Defendants did not file an application for re-sale until July 19, 2012.

As of July 20, 2012, the market price of the instant real estate as of July 20, 201 is KRW 72,400,00.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 7 (including each number in the case of additional number), the result of a request for market price appraisal of appraiser H, the purport of the whole pleadings

2. Where a member who has agreed to establish an association in a housing reconstruction project under the Urban Improvement Act becomes subject to cash settlement under Article 47 of the same Act due to reasons such as not applying for parcelling-out, etc., the status of the member shall be lost, thereby holding the status of the member. As such, a housing reconstruction improvement project association, which is a project implementer, may file for the registration of ownership transfer of real estate in a rearrangement zone against a person subject to cash settlement by applying mutatis mutandis Article 39 of the Urban Improvement Act on the claim for

Provided, That Article 46 of the Act on the Maintenance and Improvement of Urban Areas shall apply when the obligation to pay the settlement money arises.

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