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(영문) 광주지방법원 2014.08.28 2012가합7955
소유권이전등기 등
Text

1. The application for participation by the succeeding intervenor of the Defendant SPB Savings Bank shall be dismissed;

2...

Reasons

1. Basic facts

A. D apartment reconstruction and rearrangement association (hereinafter “instant association”) is a cooperative established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement housing reconstruction projects in Seo-gu, Seo-gu, Gwangju (hereinafter “instant rearrangement zone”), and the Defendants are those holding each real estate listed in the attached Table 2 real estate list (hereinafter “each of the instant real estate”).

B. On June 1, 2003, the instant association held an inaugural general meeting and passed a resolution to establish the association. On November 24, 2003, the association promoted a reconstruction project with the authorization of establishment from the head of the Seo-gu Seoul Metropolitan City head of the Gu, Gwangju Metropolitan City on November 24, 2003. On May 22, 2012, the association passed a resolution to designate the Plaintiff as a purchaser for the land owners who did not join the instant association among the land in the rearrangement zone, and obtained the authorization of establishment from the head of Gwangju Metropolitan City on August 20, 2012.

C. Accordingly, on May 29, 2012, the Plaintiff sent a peremptory notice to urge the Defendants to respond to whether they agreed to establish an association. The delivery of a duplicate of the complaint of this case requested the Defendants to sell each real estate of this case pursuant to Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”).

Meanwhile, on June 21, 2013, after the filing of the instant lawsuit, Defendant C Co., Ltd. completed the registration of transfer of ownership on the grounds of sale by compulsory auction as of May 8, 2013, for each of the real estate listed in Articles 22, 23, and 24 of the List of Attached Property List 2 to C, and on July 24, 2013, for each of the real estate listed in Articles 26 through 29 of the List of Attached Property 2, for each of the real estate as of July 19, 2013 to the acquiring participant Co., Ltd., Ltd., the registration of transfer of ownership was completed on the grounds of compulsory auction as of June 19, 2013. Accordingly, the Plaintiff filed an application for intervention against the said C and Saturdays D Co., Ltd. on September 12, 2013.

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