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(영문) 서울북부지방법원 2016.05.12 2015가합22803
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 203,00,000 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction project association authorized by the head of Gangseo-gu Seoul Metropolitan Government, pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on December 21, 2007.

B. On December 12, 2008, the Plaintiff obtained authorization to implement a project with the enforcement area of 52,476 square meters in Jung-gu, Seoul. On April 16, 2013, the Plaintiff obtained authorization to partially alter the reconstruction implementation area, site area, housing site area, sales household, and horizontal type.

C. On May 30, 2013, the Plaintiff received the application for parcelling-out as the expiration date of the application for parcelling-out as of July 28, 2013 (hereinafter referred to as “first application for parcelling-out”), and thereafter extended the expiration date of the application for parcelling-out to August 11, 2013. On April 29, 2014, the Plaintiff publicly announced the application for parcelling-out as of May 16, 2014 (hereinafter referred to as “second application for parcelling-out”).

The defendant owned and possessed the real estate of this case located within the project implementation district of the plaintiff, and agreed to establish an association, and was the plaintiff's member, but did not apply for parcelling-out by the expiration date of the first and second application for parcelling-out.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 through 8 (including each number, if any) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion consented to the establishment of the Plaintiff’s association but fails to file an application for parcelling-out, thereby losing the status of the Plaintiff’s member. As such, the Plaintiff exercise the right to claim a sale under Article 39 of the Urban Improvement Act, and seeks to implement the procedure for registration of ownership transfer and transfer of the instant real estate for sale on the grounds of the purchase and sale on August 12, 2013, the date following the end of the second application for parcelling-out, which is the date following the end of the second application for parcelling-out, as the purchase and sale

B. The time when the defendant alleged that he/she lost his/her membership can have maintained his/her membership.

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