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(영문) 서울남부지방법원 2019.02.01 2017가합107712 (1)
부동산매도청구의 소
Text

1. The defendant shall receive KRW 1,198,908,240 from the plaintiff as well as the real estate stated in the attached Form from the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents established for the purpose of implementing A-Housing Reconstruction Improvement Project (hereinafter “instant rearrangement project”) whose implementation area of a multi-family housing rebuilding improvement project covering 31,237 meters in Gangseo-

B. The Plaintiff obtained authorization from the head of Gangseo-gu Seoul Metropolitan Government on March 20, 2017 to establish an association, and completed the establishment registration on the next day.

C. The Defendant did not agree to the establishment of an association with the owner of the real estate listed in the attached Form (hereinafter referred to as “instant land”), the building listed in paragraph (2), and the combined building) located within the instant rearrangement project implementation zone.

On March 31, 2017, the Plaintiff sent a peremptory notice to urge the Defendant to reply to whether or not he/she consents to the establishment of an association. In cases where the Defendant does not reply within two months, prior to being amended by Act No. 14567, Feb. 8, 2017 for the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

c. The term “former Urban Improvement Act” (hereinafter referred to as “former Urban Improvement Act”).

Article 39 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”)

() In accordance with Article 48, the Plaintiff deemed not to participate in the instant rearrangement project and expressed his/her intent to request the sale of the instant real estate. The instant peremptory notice reached the Defendant on April 4, 2017, but the Defendant did not reply within two months thereafter. (e) On July 14, 2017, the Plaintiff expressed his/her intent to exercise the right to demand sale by serving a copy of the instant written complaint attached to the said peremptory notice, and the duplicate of the instant written complaint was served on the Defendant on August 25, 2017. [based on recognition] without dispute, the instant peremptory notice was served on the Defendant on August 25, 2017.

each entry, the purport of the whole pleading

2. Judgment on the claim for sale

A. Prior to the establishment of a sales contract.

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