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(영문) 서울동부지방법원 2013.10.02 2013가합5761
소유권이전등기 등
Text

1. The defendant is based on the trust on June 12, 2003 regarding the real estate stated in the attached list to the plaintiff.

Reasons

1. Each of the following facts may be admitted, either in dispute between the parties or in full view of the overall purport of the pleadings as stated in Gap evidence Nos. 1 to 10, 12, and 19 (including each number, if any):

The Plaintiff is a housing reconstruction project partnership established to implement a housing reconstruction project (hereinafter “instant reconstruction project”) with 1,24 units and 1 unit housing reconstruction project (hereinafter “instant apartment”) on the land of 392,652 square meters and 5,355.3 square meters in Songpa-gu Seoul Metropolitan Government, Songpa-gu, and the land of 392,652 square meters and D, 5,355.3 square meters, and the Defendant is the owner of the real estate in the attached list (hereinafter “instant real estate”) in the rearrangement zone of the instant reconstruction project.

B. The Plaintiff’s establishment and the first reconstruction resolution 1) Some sectional owners of the instant apartment around July 13, 2002 (hereinafter “A apartment confirmation promotion committee”) are as follows: (a) around July 13, 2002.

2) On May 24, 2003, the instant promotion committee held the Plaintiff’s inaugural general meeting among the 6,2802 sectional owners of the instant apartment, or submitted the “written resolution of the inaugural general meeting” instead of attending the meeting. A resolution of reconstruction (hereinafter “the first reconstruction resolution”), approval of the regulations of the association, a resolution of approval of the business method, a resolution of the president of the association, a resolution of the appointment of the head of the association, and a resolution of the selection of the contractor.

3) The Plaintiff, including the sectional owners who participated in the above resolution at the inaugural general meeting, received the “written consent for rebuilding resolution and project implementation” with the contents of consent to the above first rebuilding resolution from the sectional owners, etc. on June 12, 2003, approved on June 12, 2003 by the head of Songpa-gu with the representative E and the members as above 5,786, and completed the registration of establishment on July 15, 2003 (the Plaintiff was the “A Apartment Housing Reconstruction Association,” but the original name was the “A Apartment Housing Reconstruction Association,” and on July 1, 2003, the Act on the Maintenance and Improvement of Urban Areas

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