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(영문) 서울고등법원 2016.01.22 2014나42709
소유권이전등기 등
Text

1. Of the judgment of the first instance, the part against the Defendants in the judgment, including the claim that has been reduced in the trial, is as follows.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting housing reconstruction projects for theY House in Dongjak-gu Seoul, Seoul, including each real estate listed in the real estate list (hereinafter “each of the instant real estate”; and individually named, the Plaintiff completed the establishment registration on July 2, 2012 with authorization from the head of the Gu of Dongjak-gu Seoul on June 29, 2012 after obtaining authorization for establishment from the head of the Gu.

B. At the time of December 31, 2012, the filing date of the instant lawsuit, the Defendants owned the pertinent real estate by each Defendant as indicated in the attached Table 2, each of the real estate listed in the real estate list (hereinafter “each of the instant real estate”). The said Defendants did not join the Plaintiff’s membership.

C. On September 3, 2012, the Plaintiff notified the remaining Defendants, other than Defendant J and X, by content-certified mail, of whether to participate in the re-building pursuant to Article 39 of the Act on the Maintenance of Urban Areas and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act on the Ownership and Management of Aggregate Buildings”), and sent the content-certified mail to Defendant J on September 20, 2012.

The Defendants received each written peremptory notice around that time, but did not disclose the intent to participate until 2 months elapsed.

On the other hand, on September 3, 2012, the Plaintiff sent the above peremptory notice to Z on September 3, 2012, and Defendant X received it on September 4, 2012, which was the denial of Z, and Defendant X completed the registration of ownership transfer on September 19, 2012 for the above real estate by consultation and division on May 16, 2012.

On May 8, 2013, Defendant C, D, E, G, H, H, K, L, N,O, P, T, U, V, X, X, and F, a duplicate of the complaint of this case, stating the Plaintiff’s declaration of intent to exercise the Plaintiff’s right to sell each of the instant real estate.

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