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(영문) 서울북부지방법원 2017.07.04 2016나37189
소유권이전등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Text of the judgment of the court of first instance;

Reasons

1. Basic facts

A. 1) The Plaintiff is entitled to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting housing reconstruction projects in Jung-gu, Seoul.

(2) According to the reasoning of the judgment below, the Defendants owned each real estate (hereinafter “instant real estate”)’s shares in the attached Tables 1 and 2 in the Plaintiff’s project implementation district and become a member of the Plaintiff by consenting to the establishment of the association.

B. The Plaintiff, such as authorization to implement a project for the Plaintiff, etc., obtained authorization from the head of Jung-gu Seoul Metropolitan Government on June 21, 2013 from the head of the Gu, and obtained authorization for the management and disposal plan on January 22, 2015, and the head of Jung-gu Seoul Central Government announced it

(J) Jung-gu Seoul Special Metropolitan City Public Notice J. C.

On August 14, 2013, the Plaintiff publicly announced and notified the period for application for parcelling-out to the owners of land, etc. in the instant project zone as of October 2, 2013, and extended the period for application for parcelling-out on October 2, 2013 to October 22, 2013. The Defendants did not make the period for application for parcelling-out.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 9 (if there is an additional number, including a branch number; hereinafter the same shall apply) and the purport of whole pleadings

2. Formation of a sales contract;

A. Where a partner who has agreed to establish an association in a housing reconstruction project under the relevant Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents becomes a person subject to cash settlement under Article 47 of the same Act due to reasons such as not applying for parcelling-out, etc., he/she shall lose the status of the partner and be equivalent to those who have withdrawn from the association. Therefore, a housing reconstruction project association, which is a project implementer, may file an application for registration of ownership transfer for real estate in

(b).

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