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(영문) 수원지방법원안양지원 2015.08.20 2012가합7071
소유권이전등기 등
Text

1. The Plaintiff:

A. Defendant B received KRW 3,38,921,760 from the Plaintiff, and at the same time, attached Tables 1 and 2.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and rearrangement project association established to implement a housing reconstruction and rearrangement project (hereinafter “instant project”) in a size of 11,094 square meters in Ansan-si, Ansan-si. Defendant B is the owner of each real estate listed in attached Tables 1 and 2 located in the instant project area. Defendant C is the owner of each real estate listed in attached Tables 3 through 5 (hereinafter “each real estate of this case”) located in the instant project area, including each real estate listed in attached Tables 3 through 5 (hereinafter “each real estate of this case”).

B. On July 13, 2012, the Plaintiff sent a written peremptory notice to the Defendants within two months to the effect that they agree to the establishment of the Plaintiff’s association pursuant to Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”), but the Defendants did not reply within two months after receiving the notice.

Accordingly, the Plaintiff exercised the Defendants’ right to claim the sale of each of the pertinent real estate owned by the Defendants through the service of the duplicate of the instant complaint to the Defendants. The duplicate of the instant complaint was served on March 7, 2013, respectively.

【In the absence of a dispute over a part of the grounds for recognition, the entries in Gap’s 1 through 4, 7, 8, 12, 15 (including each number), and the purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion has a right to claim sale of each real estate of this case located within the business area of this case pursuant to Article 39 of the Urban Improvement Act and Article 48 of the Multi-Family Building Act against the defendants who did not consent to the establishment of the association. The plaintiff shall exercise the right

Therefore, Defendant B’s appraisal value of each real estate listed in the separate sheet Nos. 1 and 2 shall be reduced by 10% from KRW 4,938,921,760, which is the appraisal value of each real estate listed in the separate sheet No. 1 and 2.

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