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(영문) 서울중앙지방법원 2015.03.27 2012가합108967
소유권이전등기 등
Text

1. Defendant N,O, P, Q, and S shall receive each of the money stated in the separate sheet 1 “sale price” from the Plaintiff simultaneously.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting housing reconstruction projects on the size of 48,979.00 square meters outside the Dongjak-gu Seoul Metropolitan Government, including each real estate listed in the [Attachment 3 List (hereinafter “instant real estate 1 through 24”) according to the title thereof, and completed the establishment registration on July 2, 2012 after obtaining authorization from the head of Dongjak-gu Seoul District Office for the establishment of the association on June 29, 2012.

B. At the time of December 31, 2012, the filing date of the instant lawsuit, the Defendants possessed each of the said real estate as indicated in the separate sheet No. 3, and did not join the said real estate as the Plaintiff’s partner.

C. On September 3, 2012, the Plaintiff notified Defendant D, other than Defendant D and N, on September 20, 2012, and on October 18, 2012, Defendant N of whether he/she participated in reconstruction pursuant to Article 39 of the Urban Improvement Act and Article 48 of the Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”). The Defendants received each peremptory notice at that time and did not state his/her intent to participate until two months elapse.

On January 10, 2013, a copy of the complaint of this case, stating the Plaintiff’s declaration of intent to exercise the right to demand sale of each of the real estate listed in the separate sheet No. 3, was served on Defendant B, F, J, K, L, L, M,O, Q, Q, R, and T, Defendant E, G, H, I, N, I, and N on January 14, 2013, and on January 15, 2013 to Defendant D, P, and each of the Defendant C on January 15, 2013.

E. Relevant statutes are as follows:

When a project implementer implements a housing reconstruction project or a block-unit housing rearrangement project, he/she may file a claim for sale with any of the following persons by applying mutatis mutandis the provisions of Article 48 of the Aggregate Buildings Act to such land or building:

In such cases, a rebuilding resolution shall be made on the establishment of the association.

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