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(영문) 인천지방법원부천지원 2016.01.27 2012가합4878
소유권이전등기 등
Text

1. The Defendant received KRW 150,400,000 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a)indicating attached real estate;

Reasons

1. Indication of claim;

A. The Plaintiff is a housing reconstruction association that obtained authorization on January 11, 2012 from the Seocheon-gu Seoul Metropolitan Government for the establishment of a new housing reconstruction project to remove previous buildings on the ground of 15,356 square meters in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, including real estate indicated in the attached Table’s real estate (hereinafter “instant real estate”), and completed the registration of incorporation on January 12, 2012.

B. The Defendant is the owner of the instant real estate located within the said rearrangement project zone. The registration of the creation of the right to collateral security (hereinafter “instant right to collateral security”) was completed, which is the national bank, the debtor, and the maximum debt amount of the Defendant, with the amount of the right to collateral security at KRW 70,200,000, which was received on March 22, 2006 by the Incheon District Court Branch Branch Office of the Incheon District Court.

C. On March 9, 2012, after obtaining the authorization for the establishment of the Plaintiff, the Plaintiff sent a content-certified mail demanding the Defendant to reply within two months, and the said content-certified mail was returned on March 14, 2012 due to the addressee’s uncertainty.

Accordingly, the Plaintiff urged the Defendant to reply once again within two months as to whether he/she consents to the establishment of the association by the delivery of the duplicate of the complaint in this case. If the Defendant does not consent to the establishment of the association, the project implementer under Article 39 subparagraph 1 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “Urban Improvement Act”) Article 39 (Claim for Sale) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012) may request for sale of

In such cases, the rebuilding resolution shall be deemed the consent to the establishment of an association (in cases falling under subparagraph 3, referring to the consent to the designation of a project implementer), and divided ownership.

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