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(영문) 서울동부지방법원 2015.07.21 2014가합106876
소유권이전등기
Text

1. The defendant shall be the plaintiff.

A. Of each real estate listed in the separate sheet Nos. 1 and 2, 32.678/3 of the 398,007 shares.

Reasons

1. The following facts can be acknowledged in full view of the evidence Nos. 1, 2, 5, 3, 4-1, 2, 5-1, 5-2, 5-1, 5-2, 6, and 7, and the purport of the whole pleadings.

The Plaintiff is a housing reconstruction and rearrangement project association established to implement a reconstruction project (hereinafter “instant reconstruction project”) of A apartment and commercial buildings constructed on the ground of 405,782.40 square meters in Songpa-gu Seoul Metropolitan Government, Songpa-gu (hereinafter “instant apartment complex”), and the Defendant is a member of the Plaintiff’s association who owns 32.678/3 of the respective real estate listed in attached Tables 1 and 2, and 1/10 of the real estate listed in attached Tables 1 and 3, 398,007 among the real estate listed in attached Tables 1 and 2, and 3.

B. On June 12, 2003, the Plaintiff obtained authorization from the head of Songpa-gu Seoul Metropolitan Government to establish an association, and completed the registration of establishment on July 15, 2003.

C. The Plaintiff prepared a project implementation plan and approved it to the head of the Gu around April 2008, and subsequently changed the project implementation plan and applied for authorization on the changed project implementation plan on December 26, 2013.

Article 5 (Method of Implementation) (1) A member of a project implementation district shall invest in kind the owned land and ground in the partnership, and the partnership shall select a housing construction businessman to be a joint project undertaker under the Housing Construction Promotion Decree, and build the housing, etc. (including the incidental facilities, such as a shopping

Article 37 (Trust of Real Estate) (1) In order to smoothly promote reconstruction projects, partners shall complete the registration of trust with respect to the land, houses, etc. within the project implementation district owned by partners before the date of application for approval of project plans, and in cases where the registration of trust is not implemented within the period of registration, partnership may file a lawsuit to implement the registration of trust

The Addenda articles of incorporation shall be from the competent administrative agency.

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