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(영문) 서울동부지방법원 2015.02.06 2014가합6549
소유권이전등기등
Text

1. The defendant is based on the trust of June 12, 2003 with respect to the real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction project partnership established to implement a reconstruction project of A1, 2 apartment units (hereinafter “instant apartment units”) of 134 units of 6,600 households and 324 stores of 324 units of 134 units of Da-dong, Songpa-gu Seoul Metropolitan Government (hereinafter “instant apartment units”), and the Defendant is the owner of the real estate (hereinafter “instant real estate”) in the attached list located within the rearrangement zone of the said reconstruction project (hereinafter “instant rearrangement zone”).

B. The Plaintiff’s establishment and reconstruction resolution (1) around July 13, 2002, some of the sectional owners of the apartment of this case constituted a “A apartment settlement shares promotion committee” (hereinafter “the instant promotion committee”) instead of the management body meeting under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”).

(2) On May 24, 2003, the instant promotion committee held an inaugural general meeting of a reconstruction association, and 4,280 of the total sectional owners of the instant apartment among the 6,802 sectional owners or submitted a written resolution in lieu of the attendance at the meeting, and made a resolution to approve the regulations of the association, to determine the method of business, to appoint the head of the association, and to select a construction project, etc. in addition to the rebuilding resolution (hereinafter “the first rebuilding resolution”).

(3) The Plaintiff, including the sectional owners who participated in the above resolution at the inaugural general meeting, received the “written consent for rebuilding resolution and project implementation” with the contents that consent to the first rebuilding resolution from the sectional owners, etc. on June 12, 2003, approved on June 12, 2003 by the head of Songpa-gu with the representative E and the members as above 5,786, and completed the registration of incorporation on July 15, 2003.

[Plaintiff was originally named as “A Apartment Reconstruction Association,” and on July 1, 2003, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

The name was changed according to the enforcement of the Act.

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