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(영문) 서울서부지방법원 2020.10.27 2019가단250094
소유권이전등기 등 청구의 소
Text

The plaintiff's claim is dismissed.

Costs of lawsuit shall be borne individually by each person.

Reasons

1. Summary of the Plaintiff’s assertion

A. The Plaintiff is the owner in Mapo-gu Seoul Metropolitan Government D (hereinafter “instant building”) E, who is appointed as the chairperson of the D Rebuilding Promotion Committee (hereinafter “Rebuilding Committee”), and the Defendant is the sectional owner in subparagraph f of the instant building.

B. On July 27, 2016, on the ground of the deterioration, etc. of the instant building, a residents’ general meeting was held to make a rebuilding resolution pursuant to Article 47 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Joint Building Management Act”).

C. The rebuilding committee urged a sectional owner, including the defendant, who was a person who did not consent to re-building, to ask for whether or not to participate in re-building under Article 48(1) of the Aggregate Buildings Act, and there was no reply within the period under Article 48(2) from the defendant. The plaintiff filed a lawsuit against the defendant for ownership transfer registration against the Seoul Western District Court 2016Gadan251218, and received the payment from the plaintiff of KRW 149,00,000 from the plaintiff, and at the same time, received the payment from the plaintiff of KRW 149,00,000 from the plaintiff, the procedure for ownership transfer registration for the real estate stated in the attached Table was conducted on January 25, 20

However, while the appellate court of the above lawsuit (Seoul Western District Court 2018Na40666) reached an agreement that the defendant would participate in the reconstruction, the plaintiff withdrawn the above lawsuit.

C. On June 27, 2019, the Reconstruction Committee: (a) held a sectional owner’s general meeting to determine the Si construction work as “ G of a stock company”; and (b) sent a notice to each sectional owner on September 23, 2019 to request that he/she submit documents necessary for reconstruction (the power of attorney for building permission, and written consent for building permission) by September 30, 2019; (c) the Defendant did not submit the said documents within the said period; (d) submitted the documents to the Defendant by October 15, 2019; (c) however, the Defendant again sent a notice to demand that he/she submit the said documents by no later than October 20, 2019.

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