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(영문) 창원지방법원마산지원 2014.03.26 2013가단5360
소유권이전등기 등
Text

1. Defendant B Co., Ltd. shall receive KRW 104,00,000 from the Plaintiff, and at the same time, shall be listed in the attached Table 1 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) established to carry out a housing reconstruction project (hereinafter “instant reconstruction project”) within the H zone in Changwon-si, Changwon-si.

B. The Defendants owned (Defendant C and Defendant D are the owners of 1/2 shares of each of the real estate listed in the separate sheet in the separate sheet in the implementation zone of the instant reconstruction project (hereinafter “instant real estate”) and possessed by each owner within the implementation zone of the instant reconstruction project, and were the Plaintiff’s members who agreed to the instant reconstruction project.

C. After obtaining authorization to implement a project on December 20, 207, the Plaintiff received the application for parcelling-out from its members from October 17, 201 to November 16, 201.

However, the defendants did not apply for parcelling-out until the period of the above application for parcelling-out expires.

On September 20, 2012, the management and disposal plan related to the reconstruction project of this case formulated by the Plaintiff was approved and publicly notified of the original market.

E. As of November 17, 201, each value of the instant real estate, including development gains from the instant reconstruction, as of November 17, 201, is KRW 116,00,000.

F. The registration of creation of a neighboring mortgage of KRW 84,00,000 for the attached list No. 1, the registration of creation of a neighboring mortgage of KRW 21,00,000 for the real estate indicated in the attached list No. 3, and the registration of creation of a neighboring mortgage of KRW 21,00,000 for the maximum debt amount, and the registration of creation of a neighboring mortgage of KRW 4,80,000 for the real estate listed in the attached list No. 4

[Ground of recognition] Facts without dispute, entry of Gap 1 through 16 evidence (including additional number), the purport of the whole pleadings

2. Determination

A. The project implementer’s right to claim sale as stipulated in Article 39 of the Act on the Establishment and Improvement of Urban Areas and Dwelling Conditions for Sale upon the exercise of the right to claim sale is, in principle, against those who are not partners, and they did not apply for sale

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