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(영문) 서울고등법원 2019.12.18 2018나2057156
소유권이전등기
Text

1. The judgment of the first instance court, including the Defendant (Counterclaim Plaintiff)’s counterclaim claim, is modified as follows:

Reasons

A principal lawsuit and a counterclaim shall be deemed to be filed together.

1. Basic facts

A. The Plaintiff’s establishment and the Defendants’ establishment of the Plaintiff 1) The Plaintiff is the Seo-gu Incheon Metropolitan Government G G G 15,244.5 square meters (hereinafter “instant improvement zone”).

(A) A apartment reconstruction rearrangement project (hereinafter referred to as “instant rearrangement project”) in A apartment;

In order to enforce the Act, the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 11580, Dec. 18, 2012; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) which completed the establishment registration on November 12, 2015 after obtaining authorization from the head of Seo-gu Incheon Metropolitan City head of the Gu on November 11, 2015.

(2) The Defendants were the owners of each real estate listed in the separate sheet Nos. 1 and 2 in the instant rearrangement zone, who possess each real estate listed in the separate sheet No. 2, and did not express their consent to the establishment of the partnership at the time the Plaintiff was established.

B. The Plaintiff’s letter of peremptory notice is sent and served 1) The Plaintiff is entitled to Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings

Pursuant to Article 48, on November 23, 2015, a peremptory notice to the effect that the Defendants shall reply to whether to consent to the establishment of an association and shall exercise the right to demand sale if they do not reply within two months (hereinafter “instant peremptory notice”).

(2) On November 24, 2015, the Defendants did not respond to whether they agree to the establishment of an association within two months from the receipt of the instant peremptory notice.

C. The Plaintiff’s exercise of the Plaintiff’s right to demand sale was served on each of the Defendants on each date indicated in the “the delivery date of a copy of the complaint” in the attached Form 1 trading statement, stating that the Plaintiff intended to exercise the right to demand sale against the Defendants.

[Ground of recognition] Unsatisfy, A(1) through (3)

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