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(영문) 의정부지방법원 2013.06.14 2012가합3262
소유권이전등기등
Text

1. The Plaintiff:

A. Defendant B received KRW 289,170,000 from the Plaintiff and simultaneously entered in the separate sheet 1.

Reasons

1. Facts of recognition;

A. On September 15, 201, the Plaintiff: (a) obtained authorization for the establishment of a reconstruction and maintenance project association from the Gu Ri mayor on September 23, 201 pursuant to Article 16 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Urban Improvement Act”); and (b) completed the registration of incorporation on September 23, 201, by designating the re-building and improvement project zone as the re-building and improvement project zone (hereinafter “instant improvement project zone”).

B. Each land listed in the separate sheet No. 1 is the land located in the instant rearrangement project zone, the remaining Defendants except Defendant Legal Manager E, and Dolim Construction Co., Ltd. (hereinafter “Defendant et al.”) are the owners of each land indicated in the separate sheet No. 2 “subject matter”.

(hereinafter referred to as “each land of this case” and each land listed in the separate sheet No. 1 list is divided by the same method as “the land of this case” according to the separate sequence No. 1 list.

On October 27, 2011, the Plaintiff urged the Defendant, etc. to reply to the consent of the establishment of the association, sent each content certification that contains the request for consultation on land trade, and the content certification reached the date indicated in attached Table 2 “the arrival date of content certification.”

The defendant et al. did not reply to each of the above content certification until two months have passed from the above arrival date.

Upon filing the instant lawsuit on February 23, 2012, the Plaintiff filed a claim for sale of each of the instant lands owned by the Defendant, etc. under Article 39 of the former Act on Urban Improvement and Article 48 of the Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”). A copy of the instant complaint was served on the Defendant, etc. on each of the respective dates indicated “the delivery date of a copy of the complaint” in attached Form 2.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5, 6 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Housing redevelopment projects and housing redevelopment projects under Article 16 (Authorization, etc. for Establishment of Association) (1) of the former Urban Improvement Act;

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