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(영문) 대구고등법원 2018.09.05 2017나24558
소유권이전등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction improvement association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing reconstruction improvement project (hereinafter “instant housing reconstruction improvement project”) within the Daegu Southern-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-hereinafter “instant project site”). On September 24, 2015, the Plaintiff was authorized to establish an association by the head of the Daegu-gu Nam-gu-gu Seoul-gu Seoul-gu branch office and completed the establishment registration on October 26 of the same year

B. The Defendants are each owners of each real estate indicated in the separate sheet No. 1 located within the instant project site (hereinafter collectively referred to as “each of the instant real estate”) and constitute the owners of each land, etc. under Article 2 subparag. 9 (b) of the Urban Improvement Act.

C. On June 26, 2015, the Plaintiff Union’s promotion committee held an inaugural general meeting and passed a resolution on the implementation plan for reconstruction project. The Plaintiff Union’s promotion committee shall obtain the consent of at least 103 landowners (76.8%), among 134 owners of land or buildings within the instant project site (at least 19 landowners’ housing and 97 appurtenant welfare facilities, and 18 landowners), and the consent of at least 15,812 square meters of the total area of land (at least 72.5%), among 21,808 square meters of land (at least 72.5%), and the instant project site is located within an area that is not a housing complex. As such, the consent of at least 3/4 (75%) of landowners or building owners and at least 2/3 (6.6%) of the area of land (at least 66.6%) pursuant to Article 16(3) of the Urban Improvement Act.

On September 24, 2015, the approval was obtained from the head of Daegu Southern District Office.

Pursuant to Article 39 of the Act on the Ownership and Management of Aggregate Buildings and Article 48(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Aggregate Buildings Act”), the Plaintiff, on October 27, 2015, urged the Defendants, who did not agree to the establishment of the partnership, to reply within two months, and, if not reply, to exercise the right to demand sale.

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