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(영문) 서울서부지방법원 2015.11.26 2013가합12839
소유권이전등기
Text

1. The Plaintiff:

A. Defendant B received KRW 494,466,278 from the Plaintiff and simultaneously received KRW 31-1,31-2 of the attached Table 1.

Reasons

Basic Facts

The Plaintiff is a reconstruction maintenance and improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of the reconstruction project of the Seodaemun-gu Seoul Seo-gu G Group. The Defendants are owners of the relevant real estate (attached Nos. 31, 32, and 35, each number 2, listed in the attached Table 1 list in the above project zone, are indicated on the register of the building, each number 3 is the same building, and each number 3 is the same building; hereinafter “Defendant’s real estate” is referred to as “Defendant’s real estate,” and the same is combined.

On May 16, 2003, the Plaintiff approved the establishment authorization from the head of Seodaemun-gu Seoul Metropolitan Government on May 16, 200 and completed the establishment registration on May 3, 2005.

On November 4, 2009, the Plaintiff obtained an authorization for the establishment of an association by changing a prospective project implementation zone into 13,020 square meters in G day, 73 association members, and 111 owners of land, etc., and obtained an authorization for the establishment of an association on January 15, 201 and August 26, 201, and obtained an authorization for the establishment of an association again on September 17, 2013.

The plaintiff urged the defendants to agree to the establishment of the association on the date stated in the annexed date table 2 (hereinafter "the highest notice of this case"), and the defendants did not reply to the plaintiff with the lapse of two months from that date.

Accordingly, the Plaintiff sought the execution and delivery of the registration procedure for transfer of ownership of each real estate of this case on the date of service of the copy of the complaint of this case as the lawsuit of this case on each corresponding date stated in the "service date of the copy of the complaint".

[Ground] Facts without dispute, Gap's entries in Gap's evidence Nos. 1 through 6, 9, 10, 12, 24 through 27, and 30 (including branch numbers; hereinafter the same shall apply), the Urban Improvement Act, the Act on the Ownership and Management of Aggregate Buildings, and the Act on the Ownership and Management of Aggregate Buildings (hereinafter the "Act on the Ownership of Aggregate Buildings"), are as follows.

Article 39 of the Urban Improvement Act (Request for Sale)

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