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(영문) 대구지방법원 2021.01.15 2020가단110967 (1)
소유권이전등기
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list. 2. The costs of lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association that obtained authorization for the establishment of an association from the head of Daegu-gu Dong-gu Seoul Metropolitan Government on September 16, 2015 for the purpose of housing redevelopment and improvement project (hereinafter “instant rearrangement project”) with the size of 71,232 square meters (61,563 square meters of business site area) in the area of the housing redevelopment and improvement project for the Daegu-gu Dong-gu Seoul Metropolitan City Seoul Metropolitan Government (hereinafter “instant rearrangement project”).

The defendant is the owner of the real estate listed in the attached list with interest of the union members who agreed to establish the plaintiff association (hereinafter referred to as "real estate of this case").

B. On September 12, 2018, the Plaintiff obtained the authorization of the project implementation plan from the head of the Dong-gu, and received the authorization of the management and disposal plan on September 23, 2019, and the said authorization of the management and disposal plan was publicly notified on September 30, 2019, and thereafter the authorization of the implementation plan for the housing redevelopment and improvement project was publicly notified on January 20, 2020.

(c)

In the course of implementing a rearrangement project, the Plaintiff shall notify the owners of land, etc. of the details of estimated charges, the period for application for parcelling-out, and other matters prescribed by Presidential Decree under Article 72 of the Urban and Residential Environment Rearrangement Act (hereinafter referred to as the “Urban and Residential Environment Rearrangement Act”), Article 59 of the Enforcement Decree of the same Act, etc., and the details of the site and buildings subject to parcelling-out, etc., as prescribed by Presidential Decree, and after publicly announcing the matters prescribed by Presidential Decree, such as the details of the site and buildings subject to parcelling-out in the relevant region, the Plaintiff received an application for parcelling-out from the members of the association from November 8

After that, on December 19, 2018, pursuant to Article 72 of the Act, Article 59 of the Enforcement Decree of the Act, and Articles 43 and 44 of the Association’s articles of association, the period for application for parcelling-out has been extended from December 20, 2018 to December 28, 2018.

(d)

On December 28, 2018, the Defendant filed an application for parcelling-out with the owner of the instant real estate in the period for filing the application for parcelling-out, with the content that “First Order: 11 type (42.71 square), second Order: 84B type (3.21 square), third Order: 84A type (3.09 square) is desired to sell.”

E. The time limit for resettlement at the general meeting of the Plaintiff Union is set on September 2019.

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