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(영문) 서울고등법원 2018.10.10 2016나2047933
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. The defendant shall provide the plaintiff with the real estate Nos. 1 and 2 as stated in the attached list.

Reasons

1. Basic facts

A. 1) The Plaintiff is a party to the instant apartment complex comprised of A1 and 2 apartment units comprised of apartment and commercial buildings on the ground of 405,782m24m2 in Songpa-gu Seoul Metropolitan Government, Songpa-gu, Seoul (hereinafter “instant apartment”).

(2) A housing reconstruction project of a complex (hereinafter “instant reconstruction project”)

(2) As a housing reconstruction improvement project association established to implement the project, the head of Songpa-gu Seoul Metropolitan Government approved the establishment on June 12, 2003, and completed the registration of incorporation on July 15, 2003. 2) The defendant was a 1/2 equity right holder of the real estate No. 3, which is part of the commercial building in the apartment complex of this case (the above building was removed during the process of transmitting the lawsuit of this case by implementing the reconstruction project of this case) as indicated in the attached list No. 1 and No. 2 in the above project site, and became an owner of 16.5/3 of the real estate No. 1 and No. 2 in the above project site (hereinafter “the real estate of this case”). The defendant consented to the resolution of the reconstruction project of this case and became a member of the plaintiff.

B. On April 208, 2008, the Plaintiff obtained the approval of the project implementation plan and the approval of the project implementation plan and the application for parcelling-out 1) from the head of Songpa-gu, and filed an application for parcelling-out with the Plaintiff for the first application for parcelling-out from May 2, 2008 to July 2, 2008, the second application for parcelling-out from April 6, 201 to July 15, 201, and the third application for parcelling-out from January 25, 201 to June 28 of the same month. 2) The Defendant filed an application for parcelling-out with the Plaintiff on June 25, 2008 under the first application period for parcelling-out.

(hereinafter referred to as “instant application for sale in lots”). 3 The Plaintiff is raising the type and floor area ratio of the instant apartment complex at the Urban Planning Committee of Seoul Special Metropolitan City, and there is a public announcement of the designation of the Seoul Special Metropolitan City Mayor’s modification of the rearrangement zone. On July 15, 2013, the Plaintiff is a newly constructed building of the instant reconstruction project by reflecting the aforementioned matters at the ordinary meeting

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