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(영문) 울산지방법원 2016.11.18 2016가단9963
소유권이전등기
Text

1. The defendant caused the trust on March 17, 2009 with respect to the real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and rearrangement project association established for the housing reconstruction and rearrangement project (hereinafter “instant project”) of Ulsan-gu Seoul Metropolitan City Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and obtained authorization to establish an association from the head of Ulsan Metropolitan City on March 17, 2009.

B. D, the owner of the real estate listed in the separate sheet in the project implementation district (hereinafter “instant real estate”) submitted a written consent to re-building on January 14, 2009, and submitted a written consent to the establishment that he/she consented to re-building on July 4, 2014 after receiving the instant real estate from D, and completing the registration of ownership transfer on July 4, 2014, the Defendant who acquired the ownership of the instant real estate also consented to re-building on July 2014.

C. The articles of incorporation of the Plaintiff relating to the instant case are as follows.

Article 5 (Implementation Method) (1) Members shall invest in kind in a partnership with land and buildings owned, and a partnership shall build and supply multi-family housing and ancillary and welfare facilities in accordance with the management and disposal plan authorized under Article 48 of the Act on Urban Improvement.

Article 36-2 (Registration, etc. of Trust) (1) In order to smoothly promote reconstruction projects, a partner shall, within the period determined by the partnership, perform the registration of trust in accordance with the Trust Act, on the land, buildings, etc. in the project implementation district which is owned by the partnership members, and where the registration of trust is not implemented within the period, the partnership may file a lawsuit for the performance of registration of trust

In accordance with the above articles of incorporation, on April 18, 2016, the Plaintiff notified its members of the submission of documents for the registration of trust until April 27 of the same month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 8, the purport of the whole pleadings

2. The assertion and judgment

(a) Members of the reconstruction association that determines the cause of the claim are obligated to cooperate in achieving the objectives of the reconstruction project of the association and to perform their obligations under the rules of the association.

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