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(영문) 서울북부지방법원 2016.09.22 2015가합21435
소유권이전등기
Text

1. The defendant shall receive 428,447,862 from the plaintiff and at the same time obtain the payment from the plaintiff, each real estate listed in the attached Table shall be stated in the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction project association authorized by the head of Jung-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on September 4, 2008.

B. On June 21, 2013, the Plaintiff received project implementation authorization from the head of Jungdong-gu Seoul Metropolitan Government, Jungdong-gu, Seoul, with the land size of 68,255.8 square meters as a project implementation district (hereinafter “instant project district”) from the head of Jung-gu, Seoul (hereinafter “instant project”).

C. On August 14, 2013, the Plaintiff publicly announced and notified the period for application for parcelling-out to the owners of land, etc. in the instant project zone as of October 2, 2013, and extended the period for application for parcelling-out on October 2, 2013 by October 22, 2013.

The defendant owned and possessed the real estate of this case in the project area of this case and agreed to establish an association, and was the plaintiff's member, but did not apply for an application for parcelling-out by the expiration date of the

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 9 (where there are provisional numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. Where a partner who has agreed to establish an association in a housing reconstruction project under the Urban Improvement Act becomes eligible for a cash settlement under Article 47 of the same Act due to reasons such as not applying for parcelling-out, etc., a housing reconstruction project partnership, which is a project developer, may file an application for registration of ownership transfer of real estate in a rearrangement zone against a person subject to cash settlement by applying Article 39 of the Urban Improvement Act mutatis mutandis.

However, the time when the obligation to pay the settlement money arises for a person subject to cash settlement shall be the following day after the expiration date of the period of application for parcelling-out prescribed by the project implementer pursuant to Article 46 of the Urban Improvement Act, and the object of cash settlement.

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