logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.05.15 2018나75481
소유권이전등기말소등기 등
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. Appeal costs and interest.

Reasons

1. Basic facts

A. The Defendant is a housing redevelopment and rearrangement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “the Defendant’s execution project”), which is established to remove the buildings within 185,269,3 square meters (hereinafter “instant rearrangement project zone”) in Ansan-si in order to improve the urban and residential environment by constructing a new building on the site, and to contribute to improving the residential stability and the quality of residential life of its members (hereinafter “instant redevelopment and rearrangement project”).

(2) The Plaintiff was the owner of the instant real estate located within the instant rearrangement project zone.

B. 1) The Defendant was authorized to establish an association on May 29, 2012 from the Ansan market, and obtained authorization to implement the project on June 2, 2015, and received a management and disposal plan on April 22, 2016. (2) The Plaintiff became a cash liquidation agent by failing to file an application for parcelling-out by September 14, 2015, which is the end of the period for application for parcelling-out.

3) The Plaintiff and the Defendant filed an application for adjudication of expropriation with the competent local Land Tribunal of Gyeonggi-do, in order to have no agreement on the liquidation amount of the instant real estate held by the Plaintiff. On June 12, 2017, the said commission accepted the instant real estate and paid compensation for losses to KRW 357,349,000, and the date of commencement of expropriation was July 27, 2017 (hereinafter referred to as “instant adjudication”). The Defendant deposited KRW 357,349,00 with the Plaintiff on July 20, 2017. On July 28, 2017, the Defendant deposited KRW 357,349,000 with the Plaintiff according to the instant adjudication, and completed the ownership transfer registration on the instant real estate on July 27, 2017 (hereinafter referred to as “instant ownership transfer registration”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2-1, 2, and 40 of the evidence and the purport of the whole pleadings

2. The plaintiff's assertion

A. The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”).

According to Article 47 and Article 44 (4) of the Articles of Incorporation of the defendant, the defendant does not apply for parcelling-out.

arrow