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(영문) 서울북부지방법원 2016.07.21 2015가합1066
소유권이전등기
Text

1. The Plaintiff:

A. Defendant B received KRW 175,000,000 from the Plaintiff and simultaneously entered in Section 1 of the attached Table.

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement the housing reconstruction improvement project (hereinafter “instant project”) on the land outside and outside the Seoul Northern-gu, Seoul. The Defendants are the owners of the real estate located in the instant project area, which are the real estate listed in the attached Table No. 1, the Defendant C is the owners of the real estate listed in the attached Table No. 2, the real estate listed in the attached Table No. 2, and the Defendant D are the owners of the real

B. On November 7, 2014, the Plaintiff sent a peremptory notice to the Defendants to the effect that “The Plaintiff shall reply in writing within two months from the date of receipt of the peremptory notice, and shall exercise the right to demand sale under Article 39 of the Urban Improvement Act in a case where the Plaintiff does not consent to the establishment change of the association or where it is deemed that the Plaintiff did not consent to the alteration of the association within two months, and the Defendants received the said peremptory notice on November 11, 2014, respectively.

However, the Defendants did not reply within two months from that time.

(2) The Plaintiff exercised the right to claim the sale of the real estate owned by the Defendants through the service of the duplicate of the instant complaint.

C. (1) The market price of each real estate of this case against Defendant B is KRW 175,00,000 on March 13, 2015, a delivery date of a copy of the complaint of this case against Defendant B.

(2) The market price of the real estate stated in Paragraph (2) of the attached Table No. 2 as of March 16, 2015, which was the date of delivering a copy of the complaint of this case against Defendant C, is KRW 178,00,000.

(3) The market price of the real estate stated in Paragraph (3) of the attached Table No. 3 as of March 13, 2015, which was the date of delivering a copy of the complaint of this case against Defendant D, is KRW 178,00,000.

【In the absence of any dispute, it is against Gap evidence 1 or Gap evidence 5 (including partial numbers), appraiser F.

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