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(영문) 광주지방법원 2018.12.19 2017가단24927
소유권이전등기 등
Text

1. The defendant received KRW 58,000,000 from the plaintiff at the same time, and simultaneously received from the plaintiff

(a) real estate listed in the separate sheet;

Reasons

1. Basic facts

A. Gwangju Northern-gu C and D ground A apartment consisting of Edong and Fdong, and on July 24, 2014, the precise safety diagnosis was conducted as the two columns of the first floor 6, 7 Lins under F consent were destroyed (hereinafter “instant safety accident”).

As a result, in both E-dong and F-dong, the problems such as “explosive exposure to steel, corrosion, concrete stuff, rupture of underground floor outer walls, and the hallway of the entire building to the corridor” have been discovered, and “safety grade E (the condition that the use of facilities should be prohibited, i.e., due to serious defects that occur in major absence, and reinforcement or reconstruction should be performed)” was received, and resident evacuation order was issued to F-dong.

B. The Plaintiff, after the safety accident in the instant case, is the owner of the real estate listed in the attached Table of the said rearrangement project zone (hereinafter “instant real estate”). The Plaintiff, on May 16, 2017, obtained authorization for the establishment of a housing reconstruction project association from the head of Gwangju Northern District on the part of May 16, 2017 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, for a housing reconstruction improvement project (hereinafter “instant reconstruction project”). The Plaintiff is the owner of the real estate listed in the attached Table of the said rearrangement project zone.

C. On June 14, 2017, the Plaintiff asked the Defendant whether or not the Plaintiff consented to the establishment of the Plaintiff’s association, and on the other hand, the Plaintiff becomes a person subject to a claim for sale where he/she does not consent to the establishment of the association within two months from the date of receipt of the official document, and the Plaintiff sent an official document to the effect that he/she would exercise the claim for sale pursuant to Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Building Act”). The Defendant

On September 26, 2017, the Plaintiff filed the instant lawsuit and claims for the sale under Article 39 of the Act on the Maintenance and Improvement of Urban Areas.

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