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(영문) 의정부지방법원 2017.09.22 2016가합50334
소유권이전등기
Text

1. The Defendants shall be the amount corresponding to the Defendant indicated in the column of the Dong City Implementation Amount in the attached Table 1 sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. In order to implement a housing reconstruction improvement project (hereinafter “instant project”) on a scale of 95,842 square meters in Dong Government-si, the Plaintiff is a reconstruction improvement project association which completed the establishment registration on December 29, 2014 with authorization for the establishment of the association on January 28, 2015.

B. The Defendants are those possessing real estate in the instant business area, as shown in the attached list 2.

C. On October 5, 2015, the Plaintiff sent a peremptory notice to the Defendants to the effect that “if the Defendants agree to establish the association within two months, they will exercise the right to demand sale under Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”) if they do not agree, or do not reply within two months from the date of receipt of the peremptory notice.”

Defendant B and D respectively received a peremptory notice on October 7, 2015, and Defendant C received on October 6, 2015, but they did not answer two months thereafter. D.

On January 22, 2016, the Plaintiff filed the instant lawsuit against the Defendants on January 22, 2016 and exercised the right to demand sale in its complaint pursuant to Article 39 of the Urban Rearrangement Act and Article 48 of the Aggregate Buildings Act.

“.” The above warden stated the purport, and was served on February 1, 2016 to Defendant B and C, respectively, and on February 3, 2016 to Defendant D.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3, 4, and 5 evidence 3, 4, 7, and Gap evidence 6, the purport of the whole pleadings, and the purport of the whole pleadings

2. According to Article 39 of the Urban Rearrangement Act and Article 48 (1) through (4) of the Aggregate Buildings Act, a housing reconstruction and improvement project association shall urge a person who did not consent to the establishment of the association to respond in writing to whether he/she consents to the establishment of the association, and if there is no reply within two months, he/she shall be urged to respond in writing.

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