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(영문) 서울동부지방법원 2014.10.08 2013가단56885
부동산소유권매도 등
Text

1. The Defendant received KRW 86,000,000 from the Plaintiff at the same time, and simultaneously received the payment from the Plaintiff:

(a) real estate listed in the separate sheet;

Reasons

1. Basic facts

A. 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 “Do Government Act”) to remove the apartment houses in Seongdong-gu Seoul Metropolitan Government as a project implementation district and build new apartment houses (hereinafter “the reconstruction of this case”). The Defendant is the owner of the real estate in the attached list (hereinafter “the instant real estate”) located in the reconstruction project district. On August 13, 2012, the Plaintiff completed the registration of the establishment of the mortgage of KRW 168,000,000 for the instant real estate in the Non-Party Do Government Bank.

B. On January 3, 2013, the owner of the land, etc. in the instant project implementation district (hereinafter “owner of the instant land, etc.”) held an inaugural general meeting and resolved on the following matters: (a) the outline of building design; (b) the rough cost and standard for new construction; (c) the case of approval of the articles of association of the reconstruction association; (d) the case of election of the president and officers of the association; and (e) the case of resolution for the establishment of the reconstruction association (hereinafter “instant reconstruction resolution”).

C. The Plaintiff obtained authorization for the establishment of a reconstruction association from the head of Seongdong-gu Seoul Metropolitan Government pursuant to Article 16 of the Do Government Act on March 6, 2013. At the time, the ratio of consent of the owners of the instant land, etc. to the establishment of the Plaintiff Union was 86.11% (the 31 of all 36 persons consent).

On September 5, 2013, the Plaintiff notified the Defendant that he did not express his intention to participate in the instant rebuilding to determine whether he consented to the rebuilding resolution in implementing the reconstruction pursuant to Article 39 of the Do Government Act and Article 48 of the Act on the Ownership and Management of Aggregate Buildings, and if he does not reply within two months from the date of receipt of the written peremptory notice, the Plaintiff shall be deemed to have failed to participate in the rebuilding and shall exercise the right to request sale of the instant real estate owned by the Defendant.”

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