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(영문) 창원지방법원 마산지원 2018.09.12 2018가합100014
소유권이전등기
Text

1. The Defendants stated in the attached Table 2 “Real Estate Indication” to the Plaintiff as “shares” of the pertinent real estate indicated in the same Table.

Reasons

Facts of recognition

The plaintiff is a housing reconstruction improvement project association established pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 8852, Feb. 29, 2008) for the purpose of the housing reconstruction improvement project (hereinafter referred to as the "renovation project of this case") whose size is 36,243.80 square meters in Masan-si B as a rearrangement zone (hereinafter referred to as the "improvement zone of this case"), which has been approved to establish an association from the Msan-si City Mayor on December 17, 2007, and completed the establishment registration on January 15, 2008.

On October 14, 2008, the Plaintiff obtained authorization for the implementation of the instant reconstruction project from the mayor of Mapo-si (Public Notice C of Mapo-si), and on September 2, 2016, from the mayor of Mapo-si (647 households) to 956 households (7 Dongs) with the content that the scale of newly-built housing of the instant reconstruction project was changed from 647 households to 956 households, etc.

On October 31, 2016, the Plaintiff publicly announced the period for application for parcelling-out to December 9, 2016, setting the period for application for parcelling-out as from November 2, 2016 to December 9, 2016, and thereafter, on December 9, 2016, the period for application for parcelling-out was extended from December 10, 2016 to December 19, 2016.

The Defendants are the owners of each real estate listed in the separate sheet No. 2 in the separate sheet No. 2 (hereinafter referred to as “each of the instant real estate”) located within the instant rearrangement zone, and are the owners of each real estate listed in the separate sheet No. 2, and, when individually named, the owners are in the Plaintiff’s membership.

Some of the Defendants asserted that they are not members of the Plaintiff, but the Defendants considered that they are members of the Plaintiff’s association.

Defendant E, F, G, H, and I Network J agreed to establish the association as the owner of the first real estate and died on July 26, 201.

Defendant E, F, G, H, and I are the successors of the deceased J, and their respective shares among the first real estate on June 18, 2018.

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