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(영문) 서울동부지방법원 2015.12.18 2014가합106845
소유권이전등기
Text

1. The Plaintiff:

A. The defendant B shall list 4.34/398,07.3 shares and the attached list among the real estate listed in paragraphs 1 and 2 of the attached list.

Reasons

Facts of recognition

The Plaintiff is a housing reconstruction and improvement project association established to implement a reconstruction project of the A12 apartment complex comprised of 134 apartment units on the ground of 392,652 square meters and E large 5,355.3 square meters and 6,600 apartment units on the ground of 134,00 households, and one commercial building, 324 stores (hereinafter “instant apartment units”).

The Defendants are the owners of each real estate listed in the separate sheet, which is part of the apartment of this case (hereinafter “instant real estate”), and are the Plaintiff’s members.

On June 12, 2003, the Plaintiff obtained authorization to establish the association from the head of Songpa-gu Seoul Metropolitan Government on June 12, 2003 and completed the registration of incorporation on July 15, 2003.

The Plaintiff received the approval of the project implementation plan on April 1, 2008 from the head of Songpa-gu Seoul Metropolitan Government, the approval of the project implementation plan on December 26, 2013, and the approval of the management and disposal plan on January 27, 2015 (hereinafter “instant management and disposal plan”).

On June 18, 2014, the Plaintiff notified the Plaintiff’s members, including the Defendants, of the duty to register trust by July 11, 2014.

Article 5 (Method of Implementation) (1) A member of a project implementation district shall invest in kind the owned land and ground in the partnership, and the partnership shall select a housing construction businessman to be a joint project undertaker under the Housing Construction Promotion Decree, and build the housing, etc. (including the incidental facilities, such as a shopping

Article 37 (Trust of Real Estate) (1) In order to smoothly promote reconstruction projects, partners shall complete the registration of trust with respect to the land, houses, etc. within the project implementation district owned by partners before the date of application for approval of a project plan, and in cases where the registration of trust is not implemented within the period of registration, partnership may file a lawsuit to perform registration of trust

The supplementary articles of association shall enter into force from the date of obtaining authorization for establishment of the reconstruction association from the competent administrative agency.

The Plaintiff’s articles of association (hereinafter “instant articles of association”) shall be liable to make investments in kind by its members.

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