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(영문) 대구지방법원 2017.08.17 2016가합204473
소유권이전등기
Text

1. The Defendants shall receive from the Plaintiff each money listed in the [Attachment d.D.] column.

Reasons

1. Basic facts

A. 1) The Plaintiff is a party to a housing reconstruction project with the business site of 28,038.16m2, Daegu-gu Lilwon as its business site (hereinafter “instant reconstruction project”).

To promote the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”).

2) The Defendants are the owners of each of the pertinent real estate among the real estate indicated in the column for indication of “real estate under item (b)” in the attached Table, which is the real estate within the instant reconstruction project zone.

With respect to each of the relevant real estate listed in the separate sheet owned by Defendant G and K, the registration of establishment of a mortgage (c) such as the entry in the “registration of restriction on rights” in the same list has been completed.

B. Authorization to establish the Plaintiff’s association and Plaintiff’s claim for sale 1) The Plaintiff is the head of Daegu Metropolitan City Dong-gu (hereinafter “Dong head of Dong-gu”) on February 1, 2016.

(2) On February 4, 2016, upon obtaining authorization to establish an association from the Plaintiff and completing the establishment registration on February 4, 2016, and around May 2016, the Plaintiff has carried out the instant reconstruction project after reporting to the head of the Dong/Dong on the amendment to the Articles of association and association under Article 16 of the Urban Improvement Act and Article 27 of the Enforcement Decree of the same Act. 2) On March 25, 2016, the Plaintiff sent a written peremptory notice to the Defendants to the effect that the Plaintiff wishes to join the Plaintiff Association and participate in the instant reconstruction project within two months, pursuant to Article 39 of the Urban Improvement Act and Article 48 of the Act on Ownership and Management of Condominium Buildings (hereinafter “Aggregate Act”).

3) Each of the above peremptory notice was accompanied by one written consent to ask whether the Plaintiff Union consents to the establishment of the Plaintiff Association, one copy of the estimated amount of, and one of the basis for calculation of, the contributions by each owner, such as land. However, each of the above documents is required for the development project, including the progress and progress of the reconstruction project of this case, the outline of the design of the new building, construction cost, etc., and the cost-sharing expenses

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