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(영문) 서울중앙지방법원 2014.12.23 2014가합520820
소유권이전등기
Text

1. The Defendant received KRW 878,000,000 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a)each entry in the separate sheet;

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for a housing reconstruction and reconstruction project of the Seocho-gu Seoul Metropolitan Government Seoul Metropolitan Government 26,302 square meters.

The Defendant is the Plaintiff’s member as the owner of each real estate listed in the separate sheet in the project implementation district (hereinafter “each real estate of this case”).

B. The Plaintiff: (a) obtained authorization to establish an association on August 11, 2010 from the head of Seocho-gu Seoul Metropolitan Government; (b) obtained authorization to implement a project on October 26, 2012 from the head of the Seocho-gu Seoul Metropolitan Government; and (c) received an application for parcelling-out from the members to December 23, 2013 through notification and announcement procedures, such as the period of application for parcelling-out under Article 46(1) of the Urban Improvement Act; and (d) received an application for parcelling-out from November 14, 201

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 5 (including branch numbers, if any) and the purport of whole pleadings

2. Determination as to the cause of claim

(a) When a project implementer implements a housing reconstruction project or a block-unit housing rearrangement project, he/she may file a claim for sale with the person falling under any of the following subparagraphs by applying mutatis mutandis Article 48 of the Act on Ownership and Management of Condominium Buildings to the land or buildings of such person:

In such cases, the rebuilding resolution shall be deemed the consent (referring to the consent to the designation of a project implementer in the case of subparagraph 3) for the establishment of an association, and the partitioned ownership and the right to use site shall be deemed the ownership and other rights of the land or buildings subject to the claim for sale

1. A person who fails to consent to the establishment of an association under Article 16 (2) and (3);

2. A person who owns only structures or land (limited to a housing reconstruction project);

3. A person who fails to obtain consent to the designation of a project implementer, such as a head of a Si/Gun/Gu or housing construction project, pursuant to Article 8 (4).

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