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(영문) 서울남부지방법원 2018.07.20 2016가합2681
소유권이전등기 등
Text

1. Defendant B received KRW 1,939,777,700 from the Plaintiff at the same time, and simultaneously received from the Plaintiff:

(a) Appendix 1 Schedule 1, respectively.

Reasons

1. Basic facts

A. On February 17, 2016, the Plaintiff is a housing reconstruction project association approved by the head of Guro-gu Seoul Metropolitan Government on February 17, 2016 pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14576, Feb. 8, 2017; hereinafter “former Act”).

B. Defendant B is the owner of each real estate listed in the separate sheet No. 1, and Defendant C is the owner of each real estate listed in the separate sheet No. 2.

Each real estate listed in the attached Forms 1 and 2 list shall be located within the expected area for the project implementation.

C. On April 18, 2016, the Plaintiff sent to the Defendants a peremptory notice stating that he/she would exercise the right to demand sale pursuant to Article 39 of the former Act on the Improvement of Urban Areas and Dwelling Conditions for Residents, and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act on the Ownership and Management of Aggregate Buildings”) if he/she did not reply within two months.

The defendants were served with a peremptory notice around that time, but did not reply to the plaintiff within two months from the date of receipt.

E. On August 12, 2016, the Plaintiff filed the instant lawsuit against the Defendants and expressed his/her intent to request sale. The duplicate of the instant complaint reached Defendant B on January 14, 2017, and Defendant C on August 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 7 and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and Article 48(1) through (4) of the Act on the Ownership and Management of Aggregate Buildings, a housing reconstruction and improvement project association shall urge a person who did not consent to the establishment of the association to respond in writing to whether he/she would participate in the reconstruction, and a reply shall be made within two months.

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