beta
Text
1. Of the judgment of the first instance, the part against the Defendants and the Intervenor is modified as follows. A.
Defendants and the Defendants.
Reasons
1. Basic facts
A. The Plaintiff is entitled to the Urban and Residential Environment Improvement Act (hereinafter “Urban Improvement Act”) in order to implement a housing reconstruction project on the scale of 30,900 square meters in the Dongjak-gu Seoul Metropolitan Government M M M.
(2) The Defendants and joint Defendant F Co., Ltd. (hereinafter “F”) of the first instance trial, at the time of exercising the Plaintiff’s right to sell, are owners of each relevant real estate (hereinafter “instant Claim 3”) indicated in the attached Table “object of Sale” in the Plaintiff’s project district at the time of exercising the Plaintiff’s right to sell, and the acquiring intervenor transferred the ownership of the instant Claim 3 from F on June 12, 2015, the acquisition intervenor, who obtained authorization from the head of Dongjak-gu Seoul Metropolitan Government on November 25, 2013 after completing the establishment registration thereof on November 26, 2013.
B. On May 27, 2014, the Plaintiff sent a written peremptory notice to the Defendants and F to the effect that “the Defendants and F shall reply in writing to whether they agree to the establishment of the association within two months from the date of receipt of the written peremptory notice, and if they do not reply within two months, they shall be deemed not to participate in reconstruction, and shall exercise the right to demand sale.” The Defendants and F received each of the said peremptory notice around that time, but did not reply to the Plaintiff even after that two months have elapsed. (2) The Plaintiff expressed an intention to exercise the right to demand sale upon the delivery of the duplicate of the instant written peremptory notice. The duplicate of the instant written peremptory notice was served on September 23, 2014 to Defendant K, on September 24, 2014, and on October 28, 2014 to Defendant J.
[Ground of recognition] Nos. 1, 2, and 3-9, 19, 23, and 5-9, 19, 23, and 8-5, 6, 7, and 9-1, respectively, and the purport of the whole pleadings and arguments
2. Determination on the cause of the claim
(a) the establishment of a sales contract;