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(영문) 서울고등법원 2017.01.12 2016나2042563
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

The defendant is against the plaintiff and the plaintiff.

Reasons

Basic Facts

The following facts shall not be disputed between the parties, or may be recognized by comprehensively taking into account the respective descriptions of Gap evidence 1 through 27 and the overall purport of video and pleadings:

On October 15, 2001, a housing association was established by the head of Dongjak-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Dongjak-gu") on the basis of the former Housing Construction Promotion Act (amended by Act No. 6250, Feb. 4, 2002) for the purpose of housing reconstruction project, 27 owners of old and poor housing units with 1,875 square meters in the 1,875 square meters in the AG Man-gu Seoul Metropolitan Government (hereinafter referred to as "existing Association") for the establishment of the housing association.

On January 12, 2012, the head of Seoul Special Metropolitan City Mayor designated and publicly announced the size of 20,520.3 square meters in Dongjak-gu Seoul Metropolitan Government, including the site for the reconstruction project promoted by the existing association pursuant to Article 4 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), as a “A house reconstruction improvement zone” (hereinafter “instant improvement zone”).

An existing union held an extraordinary general meeting on May 3, 2012, and approved the designation and announcement of the rearrangement zone in this case on January 12, 2012, the Seoul Special Metropolitan City Mayor approved the designation and announcement of the rearrangement zone in this case, passed a resolution on the agenda of promoting the procedures for the establishment registration of the association. On June 5, 2012, the name of the association was the same as that of the existing association and the Plaintiff

On June 15, 2012, the Plaintiff obtained an authorization to change the name of the association to “A Housing Reconstruction Project Association” and the scheduled project implementation zone to 20,520 square meters in Dongjak-gu Seoul Metropolitan Government.

After obtaining the additional consent to establish an association from the owners of the land, etc. in the instant improvement zone, the Plaintiff held an extraordinary general meeting on October 25, 2012 and resolved on the agenda relating to the establishment and project implementation plan of the association.

① The number of members of the Plaintiff is 178 under Article 16 of the Urban Improvement Act from the head of Dongjak-gu on January 30, 2013.

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