logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.01.29 2015나14589
소유권이전등기 등
Text

1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the defendant (appointed party).

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, or the part of the judgment of the court of first instance is added to the Defendant’s assertion, and thus, it is identical to the ground of the judgment of the court of first instance.

2. The volume of the enemy shall be 14 pages 9 to 18 of the judgment of the first instance court, and the following shall be stated:

E. The defendant asserts that a claim for sale prior to the approval of a management and disposal plan is null and void, and pursuant to Article 48 (1) 8 of the Urban Improvement Act and Article 50 subparagraph 1 of the Enforcement Decree of the same Act, whether a member of a reconstruction association is subject to cash settlement shall be finalized upon approval of a management and disposal plan. Thus, the plaintiff asserts that a claim for sale of the real estate in this case to the defendant

Article 47 (1) of the current Act on Urban Improvement provides that "A project implementer shall liquidate land, buildings or other rights in cash according to procedures prescribed by Presidential Decree within 90 days from the date following the date of obtaining approval of a management and disposal plan for a person who has failed to apply for parcelling-out, a person who has withdrawn the application for parcelling-out before the expiration of the period for application for parcelling-out, or a person who is excluded from

However, this is amended by Act No. 12116, Dec. 24, 2013; it is amended by Act No. 12116, and the project implementer must liquidate land, buildings, or other rights in cash within 150 days from the following date, if the owners of land, etc. fall under any of the following subparagraphs before the amendment:

1. An applicant for parcelling-out or a person who has withdrawn the application for parcelling-out before the expiration of the period for application for parcelling-out: The date following the expiration of the period for application for parcelling-out under Article 46

arrow