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(영문) 부산지방법원 동부지원 2017.04.26 2016가단9164
소유권이전등기등
Text

1. The defendant shall receive KRW 342,525,700 from the plaintiff and at the same time shall be the real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established to implement a housing reconstruction improvement project (hereinafter “instant project”) on a lot of land outside Busan Young-gu C and 72. The Defendant is a person who owns each real estate listed in the separate sheet located in the instant project area (hereinafter “each of the instant real estate”).

B. On February 1, 2011, the Plaintiff: (a) obtained authorization to establish a partnership on February 9, 201, with the total area of 13,253 square meters of a total area of 72 parcel outside Busan Young-gu C, Busan, and the total area of 72 parcel; (b) completed the establishment registration on August 9, 2013; (c) subsequently, the Plaintiff obtained a disposition of authorization to change the establishment of a partnership on several occasions on several occasions due to the change of its executive officers and the increase of

C. On March 28, 2016, the Plaintiff sent a peremptory notice to the Defendant stating that “if it is deemed that he/she urged the Defendant to reply in writing as to whether he/she will participate in re-building within two months, and that he/she will not participate in re-building because he/she did not reply within two months, he/she will exercise the right to demand sale under Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Defendant did not reply within two months after he/she received it at that time.

On June 14, 2016, the Plaintiff filed the instant lawsuit against the Defendant and exercised the right to demand sale as prescribed by Article 39 of the Urban Improvement Act in the complaint.

“The Defendant entered the purport,” and on June 21, 2016, received a duplicate of the instant complaint.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number in the case of additional number), the purport of the whole pleadings

2. Establishment of obligation to transfer ownership;

A. According to Article 39 of the Act on the Ownership and Management of Aggregate Buildings and Article 48 (1) through (4) of the Act on the Ownership and Management of Aggregate Buildings, a housing reconstruction and improvement project association has not consented to the establishment of an association.

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