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(영문) 대구지방법원 2018.11.01 2015가합206724
소유권이전등기
Text

1. The Defendants shall receive the money stated in the separate sheet “B Trade Price” column from the Plaintiff at the same time.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association established pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”) in order to promote a housing reconstruction and improvement project (hereinafter “instant reconstruction project”) with the size of 55,463 square meters as a business site in Daegu-dong-gu H-gu H.

The Defendants are owners of each of the pertinent real estate stated in the “1 real estate column” column in the attached list, which is real estate within the instant reconstruction project zone, and constitute owners of land, etc. under Article 2 subparag. 9 (b) of the Urban

B. On July 5, 2013, the Plaintiff obtained authorization to establish an association from the head of the Daegu Metropolitan City Dong-gu, and obtained authorization to establish an association from the head of the Gu on July 24, 2013, and completed the establishment registration of the instant reconstruction project on July 24, 2013, and obtained the consent of modification of the association that reflects the change of the size of the new building thereafter, and obtained the re-resolution of the reconstruction resolution at the general meeting of partners on February 5, 2015, and obtained the authorization for change from the head of the Daegu Metropolitan City-gu Dong-gu,

C. The Plaintiff’s highest and sales claim 1) Article 39 of the Act on the Maintenance and Improvement of Urban Areas and the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”).

(3) The Defendants, who did not agree with the establishment of an association on July 6, 2015, pursuant to Article 48, urged the Defendants to reply within two months to whether they will participate in reconstruction and, if they do not reply, would exercise their right to demand sale (hereinafter “the instant peremptory notice”).

A) Defendant B, C, E, F, and G were sent by mail, and around that time, they did not reply to whether they participated in re-building until two months have elapsed since each of the above written peremptory notice was served, and Defendant D was not served with the above written peremptory notice. (2) The Plaintiff participated in re-building to the Defendant on October 23, 2015.

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