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(영문) 서울서부지방법원 2015.10.30 2013가단239958
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff removed old or inferior housing units with 48,775 square meters of Seoul Mapo-gu Seoul Metropolitan Government D-E 292 parcel (875 members) and completed the establishment registration on July 30, 2003, in order to implement a housing reconstruction project to build new apartment units on the ground.

On December 30, 2004, the Mayor of Mapo-gu Seoul Metropolitan Government approved and publicly announced the F Development Master Plan, including the Plaintiff’s project implementation district of 57,00 square meters, and on May 18, 2006, approved and publicly announced the Plaintiff’s project implementation district of 64,635 square meters, and again, on April 9, 2007, the head of Mapo-gu Seoul Metropolitan Government approved and publicly announced the F Development Master Plan with a content of increasing the Plaintiff’s project implementation district of 65,148 square meters to 65,148 square meters; on August 19, 2010, the Mayor of Mapo-gu Seoul Metropolitan Government announced the designation of G, the determination of an urban renewal acceleration plan, and the preparation of topographic drawings; the Plaintiff obtained the consent of 76.32% of the total owners of land or buildings within 65,148 square meters and completed the establishment of the association from the head of Mapo-gu Seoul Metropolitan Government after obtaining the consent of 1,44444.

B. The Defendant is a person who owns only the land of 2 square meters in Mapo-gu Seoul Metropolitan Government (hereinafter “instant land”) located within the Plaintiff’s project implementation district.

C. On October 18, 2013, the Plaintiff urged the Defendant to respond to whether the Plaintiff consented to the establishment of the association by serving a copy of the complaint in the instant case, and at the same time, if the Defendant does not consent to the establishment of the association within two months from the date of delivery of a copy of the complaint in the instant case, the Plaintiff is under the Act on the Maintenance and Improvement of Urban Areas and

Article 39 subparagraph 2 of the Act on the Ownership and Management of Aggregate Buildings and the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings

Pursuant to Article 48, an appraisal shall be made on the land of this case.

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