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1.The judgment of the first instance shall be modified as follows:
The Defendants’ money paid from the Plaintiff (attached Form 2) is the “payment” as indicated in the table.
Reasons
1. Facts of recognition;
A. The Plaintiff, in accordance with Article 16 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 201; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) designating the members of Triri City as the reconstruction improvement project zone (hereinafter “instant improvement project zone”), completed the establishment registration on September 23, 201.
B. Each real estate listed in [Attachment 1] List (hereinafter “each real estate of this case”) is a real estate located within the instant improvement project zone, and the Defendants own each of the said real estate as indicated in the “real estate” column in attached Form 2.
C. On November 201, 201, the Plaintiff urged the Defendants to reply to the Defendants’ consent to the establishment of the association, and, if not, there was no consent, there was an explanation that the Defendants would exercise the right to demand the sale. The above content certification (attached Form 2) was served on each date indicated in the “the highest date for consent to the establishment of the association,” but the Defendants did not reply to the consent of the establishment of the association before the instant lawsuit was filed.
Accordingly, the Plaintiff filed the instant lawsuit on February 23, 2012, and expressed his/her intent to file a claim for sale of each of the instant real estate in accordance with Article 39 of the former Act and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”).
The duplicate of the complaint of this case (attached Form 2) was served to the Defendants on each date stated in the “the delivery date of the duplicate of the complaint.”
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including each number in the case with a satisfy number), the purport of whole pleadings
2. Where the committee for promotion of housing redevelopment projects and urban environment rearrangement projects intends to establish an association, at least 3/4 of the owners of lands, etc. and at least 1/2 of land size shall be the landowners of at least;