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(영문) 대구지방법원 2019.05.15 2018가단113796
소유권이전등기
Text

1. The defendant shall receive KRW 79,747,00 from the plaintiff, and at the same time, shall be each real estate listed in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and rearrangement project association established for the purpose of housing reconstruction improvement project in the housing reconstruction and rearrangement zone in Daegu Suwon-gu C (hereinafter “instant reconstruction project”).

On April 27, 2006, pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”), the Plaintiff obtained authorization from the head of Daegu Suwon Suwon head of the Gu, and completed the establishment registration on May 26, 2006. The Plaintiff obtained authorization to change the final association establishment on August 7, 2017.

B. The Defendant is the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) located within the instant reconstruction project zone, and occupies each of the instant real estate as of the date of closing argument.

C. On March 20, 2018, the Plaintiff sent a peremptory notice to ask whether the Plaintiff consented to the authorization to revise the establishment of the association, and the Defendant received it on the following day.

The defendant did not reply within two months from the date of arrival of the highest notice.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination on the cause of the claim

A. The establishment of a sales contract 1) Housing reconstruction and rearrangement project association shall urge in writing the person who did not consent to the establishment of the association to reply to whether he/she will participate in the reconstruction, and the said association shall reply to the purport that he/she will not participate in the reconstruction within two months, or that he/she will not participate in the reconstruction if he/she fails to reply within two months, and may make a claim for sale (Article 39 of the former Urban Improvement Act (amended by Act No. 13508, Sep. 1, 2015); Article 48(1) through (4) of the Act on Ownership and Management of Condominium Buildings (amended by Act No. 13508, Sep. 1, 2015); if a project implementer exercises the right to demand sale under the Urban Improvement Act against a person who did not participate in the housing reconstruction project, he/she has expressed his/her intention

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