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(영문) 서울북부지방법원 2018.07.26 2016가합23315
소유권이전등기
Text

1. The defendant shall receive KRW 1,100,657,970 from the plaintiff, and at the same time with regard to each real estate listed in the separate sheet.

Reasons

Basic Facts

The Plaintiff is a housing reconstruction and improvement project association that obtained authorization from the head of Gangnam-gu Seoul Metropolitan Government on February 12, 2016 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and completed registration of incorporation on February 15, 2016, for the purpose of removing previous buildings on the ground of 28,802 square meters in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant rearrangement zone”).

The defendant is the owner of each real estate listed in the separate sheet in the improvement zone of this case.

On March 21, 2016, the Plaintiff: (a) urged the Defendant to reply in writing to whether he/she consents to the establishment of the association within two months from the date of receipt of the peremptory notice; and (b) if it is deemed that he/she did not consent to the establishment of the association within two months, or that he/she did not respond within two months, and did not consent to the establishment of the association, he/she shall exercise the right to demand sale under Article 39 of the former Act on the Ownership and Management of Aggregate Buildings (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter the same shall apply); and (c) sent a peremptory notice to the Defendant on March 22, 2016.

The defendant did not reply to the plaintiff within two months from then on.

On July 15, 2016, the Plaintiff filed the instant suit and presented a complaint containing the content that “the Plaintiff shall exercise the right to demand sale prescribed in Article 39 of the Urban Improvement Act,” and the duplicate of the complaint was served on the Defendant on July 27, 2016.

【In accordance with the fact that there is no dispute, Gap's 1-5 evidence (if there is a serial number, including a serial number; hereinafter the same shall apply), the legal principles on judgment of the cause of claim as to the whole of pleadings, Article 39 of the former Urban Improvement Act, and Article 48 (1) through (4) of the Act on the Ownership and Management of Aggregate Buildings, the housing reconstruction and consolidation project association does not agree to establish an association.

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