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(영문) 서울고등법원 2014.05.08 2013나47806
소유권이전등기등
Text

1.The judgment of the first instance shall be modified as follows:

2. The Plaintiff:

A. Defendant B is KRW 171,360,000 from the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 15, 201, the Plaintiff: (a) designated RR members as the reconstruction improvement project zone; and (b) completed the establishment registration on September 23, 201 with the authorization of the establishment of the reconstruction and improvement project association from the old market.

B. The Defendants are owners of each land listed in the separate sheet No. 1 (hereinafter “each land listed in the separate sheet No. 1”) included in the instant rearrangement project zone, and according to the sequence thereof, each land of this case is indicated as “the entire land,” “the answer,” and “miscellaneous land,” but all of them are used as a road provided for passage of neighboring residents or a parking space adjoining the road.

C. On October 27, 2011, the Plaintiff sent to the Defendants each mail a “case of a request for land sale through consultation,” to the effect that “the Plaintiff needs to acquire ownership of each land of this case for a reconstruction project, so that the Plaintiff may request consultations with the Defendants and the court may not reach an agreement,” and the mail reached the date indicated in the column for “the date of arrival of content certification” in attached Form 2. The Defendants did not reply to the Plaintiff until two months after the arrival date of each of the above arrival date.

The Plaintiff filed the instant lawsuit on February 23, 2012, pursuant to Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement 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”), filed a claim for the sale of each of the instant lands. A duplicate of the instant complaint was served on each of the Defendants on each of the date indicated “the delivery date of a duplicate of the complaint” in attached

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5, 6 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination:

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