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(영문) 수원지방법원 2016.04.01 2015가합62268
청구이의
Text

1. The plaintiff A's lawsuit shall be dismissed.

2. The defendant shall each apply to the plaintiff B with respect to each real estate listed in the separate sheet No. 2.

Reasons

1. Basic facts

A. 1) The defendant is a reconstruction association whose members are old and inferior buildings and persons who agree to the reconstruction project of building new apartments on the site, among the owners of the buildings and their appurtenant lands located on 83 lots of land, such as Ansan-si D, Ansan-si, and 140 and Eved 26, F5, and 6, and 6, 6, and 16, G-type housing, 7, multi-household housing, 4 households, multi-household housing, 25 households, H, 8 households, and the owners of their appurtenant lands, and those who agree to the reconstruction project of building new apartments on the site. 2) On December 31, 2007, the plaintiff A is qualified as the owner of each real estate listed in the separate sheet No. 1, and the plaintiff B is qualified as the owner of each real estate listed in the separate sheet No. 2, but did not consent to the establishment of the association.

B. The Defendant filed a lawsuit against the Plaintiffs for the registration of ownership transfer under the Suwon District Court 2008Gahap9207, asserting that the Defendant exercised the right to demand sale under the Act on Ownership and Management of Condominium Buildings against the Plaintiffs, etc.

On November 12, 2009, the court held that the purchase and sale contract for each real estate listed in the separate sheet No. 1 and No. 2 (hereinafter referred to as "the first sale contract of this case" and "the second sale contract of this case" and the combined sale and sale contract of this case") was concluded on the date when the complaint stating the defendant's expression of intent to sell and purchase the real estate reaches the plaintiffs. At the same time, the court held that "the plaintiff A is paid KRW 20,092,060 from the defendant for each real estate listed in the separate sheet No. 1, and at the same time received from the defendant for the purchase and sale on June 17, 2008, the plaintiff B is paid KRW 846,687,150 from the defendant for each real estate listed in the separate sheet No. 2, and simultaneously received from the defendant for the transfer registration procedure for ownership on May 23, 2008".

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