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(영문) 서울중앙지방법원 2016.07.07 2015가합4707
소유권이전등기등
Text

1. The Plaintiff:

A. The Selection Q shall pay the corresponding money from the Plaintiff as stated in the [Attachment 3] List.

Reasons

1. Basic facts

A. 1) The Plaintiff is the party to the instant improvement zone in Gangnam-gu Seoul Metropolitan Government RJ 14,833.7m2 (hereinafter “instant improvement zone”).

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) shall apply to housing reconstruction projects.

(2) On September 2, 2014, the head of Gangnam-gu Office approved the establishment of a housing reconstruction association on September 2, 2014, and completed the establishment registration on September 29, 2014. 2) Defendant (appointed party; hereinafter “Defendant”) B, Defendants, and designated parties are owners of each real estate listed in the separate sheet of Attached 2, located in the instant rearrangement zone (hereinafter “each real estate of this case”; and, individually, when they are named, they are owners of each real estate listed in the separate sheet of Attached 2, according to the sequence.

B. The Plaintiff’s demand for sale and demand against the Defendants and designated parties 1) during the period from October 24 to October 31, 2014 to October 31, 2014, the Defendants and designated parties (hereinafter “the Defendants, etc.”) are “the Defendants, etc.”

2) Article 39 of the Act on the Ownership and Management of Aggregate Buildings and the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act on the Ownership and Management of Aggregate Buildings”) are written notice to the Defendants as to whether they will participate in reconstruction with a written consent to establish an association.

(2) The Defendants, etc. did not reply within the said period. Meanwhile, the Defendants, etc. did not reply within 2 months from the date of receipt of each of the above peremptory notice. As the Defendants, etc. did not reply, a duplicate of the complaint of this case containing the contents that they exercise the right to demand sale against the Defendants, etc. is deemed not to participate in reconstruction under Article 48, and expressed their intent to exercise the right to demand sale of each of the instant real estate.

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