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(영문) 서울동부지방법원 2021.01.29 2019가단6745
소유권이전등기
Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. In order to implement a reconstruction project of “F” buildings located in H in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant building”), Defendant F reconstruction Committee is an organization comprised of sectional owners who consent to reconstruction. The Plaintiffs are the owners of each real estate listed in the attached Table among the instant buildings.

B. From April 9, 2015 to May 27, 2015, the management body of the instant building made a rebuilding resolution under Article 47(2) of the Act on Ownership and Management of Condominium Buildings (hereinafter “the instant rebuilding resolution”) with the consent of at least 4/5 of the sectional owners and at least 4/5 of voting rights regarding the reconstruction of the instant building from April 9, 2015 to May 27, 2015 with the consent of at least 4/5 of the sectional owners. The Defendant F reconstruction Committee promoted the reconstruction of the instant building.

(c)

The Plaintiffs agreed to the rebuilding of the instant building and entered into a trust agreement with Defendant F reconstruction Committee on June 2018 or around February 2019 with respect to each real estate listed in the separate sheet (hereinafter “instant trust agreement”) and completed the registration of transfer of ownership in the name of Defendant F Reconstruction Committee on the ground of the said trust.

Defendant GF reconstruction Committee concluded a management trust agreement with Defendant G Co., Ltd. and completed the registration of transfer of ownership in the name of Defendant G Co., Ltd. (hereinafter “instant trust registration”) on each real estate listed in the separate sheet, the registration of transfer of ownership of which was completed in the name of Defendant G Co., Ltd. due to re-trust.

E. Meanwhile, the owner of the instant building opposed to rebuilding filed a confirmation lawsuit, such as the invalidity of the rebuilding resolution of this case, and declared that the rebuilding resolution of this case was null and void as it did not provide for the matters concerning the apportionment of rebuilding expenses. The judgment became final and conclusive on July 20, 2018 (Seoul Eastern District Court 2016Na10787, Seoul Eastern District Court 2017Na2042908, 2017).

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