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(영문) 의정부지방법원 2014.02.14 2012가합3255
소유권이전등기등
Text

1. The Plaintiff:

A. Selections I shall receive KRW 43,384,615 from the Plaintiff at the same time and at the same time submit a list 1.

Reasons

1. Facts of recognition;

A. The Plaintiff: (a) designated the Nilil City as a reconstruction improvement project zone (hereinafter “instant improvement project zone”); and (b) completed the registration of establishment on September 23, 201 by obtaining authorization for the establishment of a reconstruction project association from the Gu Ri mayor on September 15, 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 Act”).

B. Each real estate listed in the separate sheet No. 1 (hereinafter “each real estate of this case”) is the real estate located within the instant rearrangement project zone, and the Defendants and the designated co-inheritors of the networkO own each of the above real estate as shown in the separate sheet No. 2.

C. Before filing the instant lawsuit, the Plaintiff sent a certificate of content to the Defendants, etc., who urged the Defendants to reply to whether they consented to the establishment of the association, but the above content certification was not served on the grounds of rejection of receipt or unknown whereabouts. On February 23, 2012, the Plaintiff filed the instant lawsuit and urged the Defendants and the designated parties to reply to whether they consented to the establishment of the association. The Defendants and the designated parties expressed their intent to claim sale of each of the instant real estate in accordance with Article 39 of the former Act and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”).

The duplicate of the complaint of this case was served on each of the defendants and the designated parties on the corresponding date stated in the attached Table 2 "the delivery date of the duplicate of the complaint of this case". The defendants and the designated parties did not reply to whether they agreed to establish an association until two months have passed from the above delivery date.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 12 (including branch numbers in case of additional number), the purport of the whole pleadings

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

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