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(영문) 서울중앙지방법원 2017.10.19 2016가합505023
소유권이전등기
Text

1. The Plaintiff:

A. Defendant B received KRW 1,465,00,000 from the Plaintiff and simultaneously entered in paragraph 1 of the attached Table.

Reasons

Facts of recognition

The Plaintiff is a housing reconstruction and improvement project association that obtained authorization from the head of Seocho-gu Office on December 11, 2014 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to promote a reconstruction project on the land of 144,454.9 square meters in Seocho-gu Seoul Metropolitan Government.

Defendant B is the owner of the real estate listed in the attached Table No. 1 located within the said project implementation zone, and Defendant C is the owner of the real estate listed in the attached Table No. 2.

On July 10, 2015, the Plaintiff issued to the Defendants a peremptory notice stating that “a written notice for consent to the establishment of an association and for the claim for sale” was “a written peremptory notice for the establishment of an association and for the submission of a written consent to the establishment of an association within two months from the date of receipt of the said written peremptory notice. If the Plaintiff did not reply within two months, it shall be deemed that he/she did not consent to the establishment of an association. In accordance with Article 39 of the Urban Improvement Act and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), the Plaintiff sent a peremptory notice stating that he/she would exercise the right to demand sale in accordance with the appraised

The Plaintiff notified the Defendants of whether they agree to establish an association through the service of the duplicate of the instant complaint and expressed their intent to request sale. The duplicate of the instant complaint was served on January 24, 2017 to the Defendants.

The Defendants did not reply within the period of two months from the date of the closing of the instant case.

As of March 24, 2017, the market price of the real estate listed in paragraph (1) of the attached Table as of March 24, 2017 is KRW 1,465,00,000, and the market price of the real estate listed in paragraph (2) of the attached Table is KRW 1,435,00,000.

[Grounds for recognition] According to the facts of the above recognition as to the causes of a claim by publication (Article 208(3)3 of the Civil Procedure Act), the Plaintiff and the Defendants constitute a sales contract for each real estate listed in the separate sheet on March 24, 2017, two months after the date on which a duplicate of the complaint of this case was served on the Defendants.

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