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(영문) 서울북부지방법원 2015.06.10 2014가합4396
소유권이전등기등
Text

1. The Plaintiff:

A. Defendant B received KRW 161,54,135 from the Plaintiff at the same time, and at the same time, indicated in the separate sheet No. 1.

Reasons

1. Basic facts

A. The Plaintiff was established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing reconstruction project on the ground of the total area of 28,553 square meters in Dongdaemun-gu Seoul, Dongdaemun-gu (hereinafter “instant project zone”) and was authorized to establish an association on July 23, 2007. Defendant B is the owner of the first real estate in the attached list and the second real estate in the attached list, and each of the above real estate (hereinafter “instant real estate”) is located within the instant project zone.

B. Upon receiving an authorization to implement a management and disposal plan on March 23, 2009, the Plaintiff Union publicly announced the application for parcelling-out for the establishment of a management and disposal plan on December 14, 2012, and received the application for parcelling-out from its members from December 17, 2012 to January 15, 2013, and extended the application period for parcelling-out on January 16, 2013 to February 4, 2013.

C. Defendant B and C submitted an application for parcelling-out to the Plaintiff Union on February 4, 2013, but they did not conclude a later contract for parcelling-out, and the Plaintiff Union followed a consultation procedure for cash settlement with Defendant B and C, but there was no dispute over the existence and content of the promise that the president of the Plaintiff Union made to them.

Plaintiff

A cooperative shall begin on January 29, 2014 after obtaining authorization for the implementation of a project on April 1, 2014.

5.2. up to 2.

5.3.0 to 5.0

5. The application for parcelling-out was accepted until 22. However, the defendant B and C did not apply for parcelling-out again.

E. On July 17, 2014, Defendant D purchased real estate No. 2 listed in the separate sheet from C and completed the registration of ownership transfer pursuant thereto.

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

Article 44 (Application for Parcelling-Out, etc.) (1) The period for application for parcelling-out under Article 43 subparagraph 4 shall be between 30 and 60 days from the date of notification thereof.

Provided, That where it is deemed that there is no problem in formulating a management and disposal plan, the association may extend the period for application for parcelling-out within 20 days.

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