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(영문) 창원지방법원 2015.08.19 2013가합3873
소유권이전등기 등
Text

1. The Defendants fall under the “sale price” column of the “building owned by the Defendant” list from the Plaintiff, respectively.

Reasons

1. Basic facts

A. As prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a housing reconstruction and improvement project association that has been established for the purpose of removing existing buildings on the ground at the first window of Changwon-si and constructing new buildings on the land and has obtained authorization for the establishment from the original market.

B. Defendant Dongyang Housing Co., Ltd. (hereinafter “Dongyang Housing”) owns each real estate listed in the separate list of real estate (hereinafter “each of the instant real estate”) located in the housing reconstruction improvement zone, and Defendant B, the networkJ, and Seongbuk Land only own land or buildings within the said improvement zone, and Defendant D, E, F, G, and H acquired 1/5 shares of each of the real estate listed in the separate list of real estate owned by the deceased J on December 28, 2012, among the real estate listed in the separate list No. 21 of the real estate owned by the deceased J on December 21, 2012.

C. On February 26, 2013, after obtaining authorization to establish an association, the Plaintiff urged the Defendants and the networkJ to respond to whether they agree to the reconstruction resolution pursuant to Article 39 of the Urban Improvement Act and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”).

The notice sent by the Plaintiff was served on the said Defendants around that time, but the said Defendants did not answer whether they consented to lapse of two months. D.

As a result of the service of the complaint of this case, the plaintiff filed a claim for the sale of each of the real estate in this case against the defendant Dongyang Housing, B, C, Sung New Land and the deceased J pursuant to Article 39 of the Urban Improvement Act and Article 48 of the Multi-Family Building Act. The delivery date of the complaint of this case against the above defendants is as stated in the attached sheet of "building owned by the defendant" (hereinafter "attached sheet").

E. The Plaintiff filed the instant lawsuit on July 15, 2013 after filing the instant lawsuit.

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