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(영문) 서울중앙지방법원 2012.08.16 2011가합10254
소유권이전등기 등
Text

1. The Plaintiff:

A. Defendant J shall provide the relevant real estate indicated in the “object of sale” list of the details of the execution of the attached sale contract.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and rearrangement project association established pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act”). On August 12, 2010, the owners of land, etc. within the project area of this case at the time of authorization establishment establishment by the head of Dongjak-gu Seoul Special Metropolitan City head of the Gu (28 landowners, 2 building owners, housing owners, and 237 owners) with the consent rate of 31/3 (93.94%), an area which is not a housing complex, 176/234 (75.21%) for the purpose of promoting a housing reconstruction and rearrangement project for the housing of 33,593 square meters (hereinafter “project area of this case”). However, on November 3, 2010, the Plaintiff completed the said project area with the consent rate of 267 owners of land, etc., 268/310,2937.

B. Pursuant to Article 48 of the former Act on the Ownership and Management of Aggregate Buildings, which applies mutatis mutandis pursuant to Article 39 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), the Plaintiff given written peremptory notice to the owners of land, etc., who did not consent to establish an association within the project implementation district of the instant case, to reply to whether to participate in the reconstruction project on four occasions on October 12, 2010, around November 9, 2010, around October 10 (2), 2010), around December 10, 2010 (3j), and around December 23, 2010 (4j).

In addition, the plaintiff notified the defendants who were not lawfully notified to answer whether to participate in the reconstruction project through the duplicate of the complaint of this case.

C. The Defendants are written with each peremptory notice or the same content as indicated below (hereinafter “the instant slip”).

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