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(영문) 수원지방법원안산지원 2016.03.24 2014가합793
소유권이전등기 등
Text

1. Defendant B and C shall be the Plaintiff:

A. Attached Table 2 [Attachment 2] The term “real estate subject to sale” shall apply to each of the pertinent real estate stated in the “real estate.”

Reasons

1. The fact of recognition is that the Plaintiff is a housing reconstruction project association that completed registration pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on February 7, 2013, with the approval of establishment on January 30, 2013 to remove existing buildings on the land outside Ansan-si G and 40 lots, and to promote a housing reconstruction improvement project that newly constructs a new building on the land.

The Defendants are owners of each of the pertinent real estate stated in the “real estate subject to sale” column in the business site above. Defendant D, E, and F own only the land in an area which is not a housing complex under Article 2 subparag. 7 of the Urban Improvement Act.

On October 10, 2013, the Plaintiff sent to Defendant B a written peremptory notice to the effect that “the consent to the establishment of an association is given within two months” (hereinafter “instant peremptory notice”) by content-certified mail. Defendant B was served on October 14, 2013, but did not reply until two months elapse.

Accordingly, on February 6, 2014, the Plaintiff exercised the right to sell the real estate owned by the Defendant B by serving a copy of the instant complaint on Defendant B pursuant to Article 39 of the Urban Improvement Act and Article 48 of the Act on Ownership and Management of Condominium Buildings (hereinafter “Aggregate Buildings Act”). The duplicate of the instant complaint was served on Defendant B on March 12, 2014.

In addition, on October 10, 2013, the Plaintiff sent the instant peremptory notice to Defendant C, which was returned on October 18, 2013.

Accordingly, while filing the instant lawsuit, the Plaintiff expressed his/her intent to exercise the claim for sale in accordance with each of the above provisions, attaching a written peremptory notice to Defendant C (No. 5-6) with a documentary evidence (Evidence A5-6).

The duplicate of the instant complaint was served on Defendant C on February 17, 2014, and Defendant C did not reply to the Plaintiff at the lapse of two months from the date of service.

Relevant Acts and subordinate statutes are as follows:

The Urban Improvement Act;

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