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(영문) 서울동부지방법원 2016.01.08 2014가합106906
소유권이전등기
Text

1. The Plaintiff:

A. Defendant B’s share and attachment 7.785/3 of each of the real estates listed in [Attachment 1 and 2] in [Attachment 398,07.

Reasons

1. In fact, the Plaintiff is a housing reconstruction project association established to implement a reconstruction project of the housing complex, consisting of 134 apartment units on the surface of 392,652 square meters in Songpa-gu Seoul Metropolitan Government and 5,355.3 square meters in size, 134 Dong-dong, 6,600, and 324 stores in one commercial building (hereinafter “instant apartment”).

The Defendants are the owners of each real estate listed in the separate sheet, which is part of the apartment of this case (hereinafter “instant real estate”), and are the Plaintiff’s members.

On June 12, 2003, the Plaintiff obtained authorization to establish the association from the head of Songpa-gu Seoul Metropolitan Government on June 12, 2003 and completed the registration of incorporation on July 15, 2003.

The Plaintiff received the approval of the project implementation plan on April 1, 2008 from the head of Songpa-gu Seoul Metropolitan Government, the approval of the project implementation plan on December 26, 2013, and the approval of the management and disposal plan on January 27, 2015 (hereinafter “instant management and disposal plan”).

On June 18, 2014, the Plaintiff notified the Plaintiff’s members, including the Defendants, of the duty to register trust by July 11, 2014.

Article 5 (Method of Implementation) (1) A cooperative member in a project implementation district shall invest in kind in a cooperative with the land and ground owned, and the cooperative shall select a housing construction business operator who is to become a joint project undertaker under the Housing Construction Promotion Act and subordinate statutes, and build a house, etc. (including the theory of welfare, such as a shopping

Article 37 (Trust of Real Estate) (1) In order to smoothly promote reconstruction projects, members shall complete the registration of trust with respect to the land, houses, etc. within the project implementation district, which is owned by the members of the association before the date of application for approval of the project plan, and where the registration of trust is not implemented within the period of registration, the association may file a lawsuit to perform

[Supplementary Rule] This articles of association shall enter into force on the date of obtaining authorization from the competent administrative agency for the establishment of a reconstruction association.

The articles of association of the Plaintiff (hereinafter “instant articles of association”) shall be the members of the association.

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