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(영문) 창원지방법원 2015.08.19 2014나3959
소유권이전등기등
Text

1. The judgment of the court of first instance is modified as follows.

The defendants are paid KRW 122,00,000 each by the plaintiff.

Reasons

1. Facts of recognition;

A. The parties’ relationship 1) The Plaintiff’s housing reconstruction project (hereinafter “instant reconstruction project”) at the D D D D, Changwon-si, Changwon-si (hereinafter “instant reconstruction project”).

(1) The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”).

(2) Defendant B owned and possessed, respectively, the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant real estate”) located in the implementation zone of the instant reconstruction project, and Defendant C owned and occupied the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant real estate”) in the attached Table No. 2, and the Plaintiff’s members agreed to the instant reconstruction project.

B. After receiving project implementation authorization on December 20, 2007, the Plaintiff neglected to apply for parcelling-out, the “from October 17, 201 to November 16, 201” was determined and publicly announced as the period for application for parcelling-out.

However, the defendants did not apply for parcelling-out until the period of application for parcelling-out expires.

C. On September 20, 2012, the Plaintiff obtained approval of a management and disposal plan based on the current status of the application for parcelling-out from the original market on September 20, 2012. 2) The registration of the establishment of a neighboring mortgage of KRW 34,800,00 with respect to the real estate of this case, the registration of the establishment of a neighboring mortgage of KRW 46,80,000 with respect to the maximum debt amount, KRW 18,200,000 with respect to the second real estate of this case, and KRW 24,70,000 with respect to the registration of the establishment of a neighboring

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 14, the purport of the whole pleadings

2. The assertion and judgment

A. The right to claim sale from a project implementer under Article 39 of the former Act on the Establishment of Sales Contracts upon the exercise of the right to claim sale is, in principle, against a person who is not an association member, and the project implementer shall liquidate cash from the reconstruction association, who is the project implementer, pursuant to Article 47 of the former Act on the Maintenance of Urban Areas

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