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(영문) 대구지방법원 2017.09.28 2016가합203968
소유권이전등기
Text

1. The Defendants shall receive from the Plaintiff each money listed in the [Attachment d.D.] column.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a party to the housing reconstruction project under which the Daegu Jung-gu E members are the project site (hereinafter “instant reconstruction project”).

To promote the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”).

2) The Defendants are the owners of each of the pertinent real estate among the real estate indicated in the column for indication of “real estate under item (b)” in the attached Table, which is the real estate within the instant reconstruction project zone.

With respect to each of the relevant real estate listed in the separate sheet owned by Defendant B and D, the provisional seizure and the establishment registration of neighboring mortgage are completed as stated in the "Registration of Restriction on Rights" listed in the same list.

B. On February 21, 2005, the Plaintiff approved the establishment of the association with respect to the Plaintiff, by the head of Jung-gu Metropolitan City (hereinafter “the head of Jung-gu”) on November 4, 2005, and obtained authorization for the implementation of the project on November 4, 200. The Plaintiff selected F Co., Ltd. as a contractor upon the resolution of the general meeting on November 29 of the same year, but around that time, the reconstruction project in this case was virtually suspended

C. Around February 2015, the Plaintiff planned to resume the instant reconstruction project. On March 13, 2015, the Plaintiff passed a resolution on the establishment of the association and the modification of the business plan at an ordinary general meeting of shareholders on March 13, 2015. 2) Thereafter, the Plaintiff obtained an authorization for the establishment of the association from the head of the Gu on February 16, 2016, and further promoted the instant reconstruction project.

(1) The Plaintiff’s claim for sale is 1) Article 39 of the Act on the Maintenance and Improvement of Urban Areas and the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) around March 16, 2016.

Pursuant to Article 48, the defendants' written peremptory notice to the effect that they wish to join the plaintiff association and participate in the reconstruction project of this case shall be presented within two months.

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