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(영문) 서울동부지방법원 2020.10.16 2016가합108524
소유권이전등기
Text

The defendants are paid to each defendant the amount corresponding to the "sale price" stated in the attached list by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction project association that obtained authorization for establishment from the head of the competent Gu on April 22, 2016 pursuant to Article 16 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; hereinafter “former Act”) to implement the housing reconstruction improvement project in Seongdong-gu Seoul Metropolitan Government Zone A (hereinafter “instant rearrangement project”), and completed the establishment registration on April 28, 2016.

B. The Defendants are owners of each of the pertinent real estate stated in the separate sheet in the annexed sheet in the instant improvement project zone.

C. On June 16, 2016, the Plaintiff urged the Defendants to respond to whether to participate in the instant improvement project pursuant to Article 39 of the former Act and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”). On the other hand, the Plaintiff sent a peremptory notice stating that the Defendants will be entitled to exercise the right to demand sale by deeming the right to participate in reconstruction if they do not reply within two months after receipt of the peremptory notice.

On September 30, 2016, the Plaintiff filed the instant lawsuit against the Defendants. On September 30, 2016, the Plaintiff attached the Plaintiff’s articles of association and written consent for joining the association, stating that “If the demands for consent to the establishment of the association against the Defendants of Manb Plaintiff are unlawful, the Plaintiff’s written complaint shall be served to the relevant Defendants pursuant to Article 48(1) of the Aggregate Buildings Act, and the Plaintiff shall demand the Defendants to sell each of the real estate owned by the Defendants at the market price by serving the written complaint in accordance with the Urban

E. The Defendants did not respond to whether they agree to the establishment of the Plaintiff Union after the lapse of two months from the date of each service, even though they received the above peremptory notice or the instant complaint.

The date of service by the defendant of the peremptory notice or of the complaint of this case shall be as follows:

No. 3.

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