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(영문) 수원지방법원 2020.09.09 2017가합23328
소유권이전등기
Text

1.(a)

Defendant B received KRW 18,00,000 from the Plaintiff at the same time, and at the same time, written in the attached Table 1.

Reasons

Basic Facts

[Ground of recognition: A without dispute, each entry in Gap evidence Nos. 1 through 6 (including each number), the substantial fact in this court, the purport of the whole pleadings] The plaintiff has completed the establishment registration on November 16, 2016 after obtaining authorization for the establishment of a M apartment's housing reconstruction project from the Suwon-gu Seoul Metropolitan City Mayor to implement a housing reconstruction improvement project in the area of 44,549 square meters of land in Suwon-si.

Defendant B is the owner of the real estate listed in the separate sheet No. 1 (hereinafter referred to as “real estate No. 1”), and the remainder of the Defendants (hereinafter referred to as “Defendant C, etc.”) are the successors of the network N (hereinafter referred to as “the network”) with the owner of the real estate listed in the separate sheet No. 2 (hereinafter referred to as “real estate No. 2”).

On October 19, 2017, the Plaintiff filed the instant lawsuit claiming sale pursuant to Article 39 of 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) and Article 48 of the Act on the Ownership and Management of Aggregate Buildings, and responded to the complaint’s consent to the establishment of the association, and attached a peremptory notice to the effect that the Plaintiff shall exercise the right to demand sale (hereinafter “instant peremptory notice”).

In light of the above facts and historical evidence as to the claim against Defendant B, and the purport of the entire argument as a result of the appraiserO’s appraisal, Defendant B did not reply to the lapse of two months after the Plaintiff served with a written complaint attached to his consent to establish the association on July 14, 2018. The value of the first real estate was KRW 178,00,000 as of September 15, 2018. However, it is recognized that the maximum debt amount under the name of the Industrial Bank of Korea established in real estate 1 was 60,00,000, and accordingly, following the Plaintiff’s exercise of the Plaintiff’s right to sell, the Plaintiff and the Defendant’s claim was delivered to the said Defendant on July 14, 2018, on the day following the expiration of the answer period of two months from September 15, 2018.

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