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(영문) 대전지방법원천안지원 2015.10.23 2014가합101890
소유권이전등기
Text

1. The Plaintiff:

A. Defendant B received KRW 320,992,370 from the Plaintiff and simultaneously entered in the separate sheet No. 1.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) established to implement a housing reconstruction improvement project (hereinafter “instant reconstruction project”) of the housing reconstruction project in the building zone of 98,176.4m2, such as Dong-gu, Dong-gu, Seoul (hereinafter “instant rearrangement zone”), and Defendant B is the owners of each real estate listed in the separate sheet No. 2, Defendant C, and D as indicated in the separate sheet No. 1, Defendant E is the owners of each real estate listed in the separate sheet No. 3, and Defendant F is the owner of each real estate

B. On October 24, 2008, the Plaintiff issued a public notice of the designation of the rearrangement zone for the instant reconstruction project to the rearrangement zone, on January 11, 2010, public notice of the authorization for the implementation of the instant reconstruction project, approval for the change of the project implementation plan on December 10, 2013, and public notice of the approval for the management and disposal plan on August 6, 2014, respectively.

C. On December 19, 2013, the Plaintiff notified its members, including the Defendants, to apply for parcelling-out by January 21, 2014, and extended the period for application for parcelling-out on January 22, 2014 by February 10, 2014, but the Defendants did not apply for parcelling-out.

On the other hand, each real estate listed in the separate sheet No. 1 was completed as of April 27, 1992 as of the receipt of No. 1454 on April 27, 1992; completed as of January 7, 1999 by the same court; and completed as of October 25, 2001 as of October 25, 2001. Each real estate listed in the separate sheet No. 2 as of June 15, 2010 was registered as of June 15, 2010; each registration of establishment of a neighboring mortgage completed as of July 13, 2010 as of the same court; each registration of alteration of a right to collateral security completed as of May 29, 2006; and each real estate listed in the separate sheet No. 5124, May 24, 2006; and each registration of establishment of a mortgage was completed as of May 15, 2008.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 7, 8, 9, 12.

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