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(영문) 서울동부지방법원 2018.08.23 2016가합108531
소유권이전등기
Text

1. The Defendants shall receive from the Plaintiff each corresponding amount stated in the attached Table 2’s “sale price” column.

Reasons

1. Basic facts

A. The Plaintiff is a reconstruction project association established under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) for the purpose of implementing the reconstruction improvement project for Seongdong-gu Seoul E (hereinafter “instant improvement project”), and completed the registration of incorporation on April 28, 2016 after obtaining authorization for establishment from the head of Seongdong-gu Seoul Metropolitan Government on April 22, 2016.

B. The Defendants are owners of each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) located within the instant rearrangement project site.

C. On June 16, 2016, the Plaintiff sent to the Defendants a written peremptory notice stating the intent to agree to the establishment of the Plaintiff’s association pursuant to Article 39 of the former Act and Article 48 of the Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”) within two months from the date of service, respectively.

Meanwhile, while filing the instant lawsuit on September 30, 2016, the Plaintiff stated in the complaint that “if the Plaintiff’s demand for consent to the establishment of the association against the Defendants is unlawful, the Plaintiff shall demand the relevant Defendants to consent to the establishment of the association pursuant to Article 48(1) of the Multi-Family Building Act by serving a duplicate of the complaint in accordance with the Urban Improvement Act,” and attached the Plaintiff’s articles of association (Evidence 7) and the written consent to the establishment, etc. of the Plaintiff’s association (Evidence 6; hereinafter “the written consent of this case”) as evidentiary materials, respectively.

E. The defendants are served with the above peremptory notice and the duplicate of the complaint of this case.

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