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(영문) 수원지방법원성남지원 2020.12.11 2018가합1052
소유권이전등기 등
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of the lawsuit are D (E) indicated as the representative of the Plaintiff.

Reasons

1. Basic facts

A. Party status 1) The Plaintiff is a A apartment (total of 1,156 households, hereinafter “instant apartment”) located in the F of the Seongbuk-gu, Sungnam-si.

(2) The project to remodel (hereinafter referred to as the “instant remodelling project”)

For B, the housing remodeling association under the Housing Act, which was authorized to be established by the Sungnam market on September 1, 2010, is the housing remodeling association under the Housing Act. 2) Defendant B is the co-owner of each household listed in the annexed Table 1 and the annexed Table 2.

B. In order to obtain the approval of the instant remodeling project plan from February 23, 2018 to March 16, 2018, the Plaintiff submitted a written resolution on the remodeling project to extend the apartment of this case from the sectional owners of the instant apartment (hereinafter “instant written resolution”) to obtain the approval of the said remodeling project plan (hereinafter “instant written resolution”).

C. The Defendants did not submit the instant resolution to the Plaintiff. On March 26, 2018 and April 10, 2018, the Plaintiff demanded the Defendants to clarify whether they consent to the instant remodeling project by content-certified mail, and sent a peremptory notice to the Plaintiff that the Defendants would proceed with legal procedures, such as filing a claim for sale, in the event that the Defendants’ submission of opposing opinions on the instant remodeling project or delay in giving a peremptory notice (hereinafter “the instant peremptory notice”).

) The instant peremptory notice reached the Defendants as indicated in the table below. The Defendants did not reply to the instant peremptory notice on March 27, 2018 (C on April 11, 2018).

In filing the instant lawsuit against the Defendants on June 5, 2018, the Plaintiff expressed his/her intent to exercise the right to demand sale under Article 22(2) and (3) of the Housing Act and Article 48 of the Act on Ownership and Management of Condominium Buildings.

The change of the business plan (the extension of horizontal work) and the current status 1 Plaintiff shall include the same contents as above to the Sungnam City Mayor around November 2018.

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