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(영문) 서울중앙지방법원 2016.11.22 2016가합2234
소유권이전 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The parties 1) The defendant is the defendant under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Pursuant to the foregoing, the housing reconstruction project (hereinafter “instant project”) is located in the area of 33,593 square meters in the Dongjak-gu Seoul Metropolitan Government Seoul Metropolitan Government one day zone.

(2) On August 12, 2010, the Plaintiff acquired ownership by purchasing an unauthorized building located in Dongjak-gu Seoul Metropolitan Government D, E, F, G, and H (hereinafter “instant building”) located in the project implementation district of this case on July 30, 2007.

B. On October 11, 2010, the Plaintiff and the Defendant notified the owners of the land, etc. located in the project district of this case including the Plaintiff as to whether they agreed to establish an association. Accordingly, on December 6, 2010, the Plaintiff gave a reply to the effect that on January 31, 201, the Plaintiff would consent to the establishment of the Defendant’s association if the land was purchased from the relevant authorities, which is a state-owned land. 2) On January 31, 201, the Defendant filed a claim for sale under Article 39 of the Urban Improvement Act with the Seoul Central District Court 201Ga10261, the Seoul Central District Court 201Ga10261. On April 19, 2012, the said court sentenced the Plaintiff to the claim for sale on the ground that the Plaintiff possessing only the building of this case, which is an unauthorized building, was not entitled to the Plaintiff’s membership, and was paid a purchase price equivalent to the market price of the building of this case to the Defendant.

1. The defendant confirms that the plaintiff is in the position of the purchaser by the partner's selling price in relation to the defendant's reconstruction project.

2. The plaintiff delivers the building of this case to the defendant.

3. The plaintiff promises to comply with the management and disposition plan and the sale procedure of the defendant, and any citizen and any person in relation thereto.

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