logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2013.05.09 2012가합621
소유권이전등기
Text

1. The Plaintiff:

A. Defendant B received KRW 499,300,000 from the Plaintiff, and at the same time attached Tables 1 and 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a reconstruction association established through an inaugural general meeting on August 24, 201 in order to remove a house within a total of 48,063.70 square meters of land in Ansan-si E in order to build an apartment on that part.

On September 9, 2011, the Plaintiff obtained authorization to establish an association from the Ansan market, and completed the registration of incorporation on September 19, 201.

B. Defendant B is each owner of each real estate listed in the separate sheet Nos. 1 and 2, Defendant C is each owner of each real estate listed in the separate sheet Nos. 3 and 4, and Defendant D is each owner of each real estate listed in the separate sheet No. 5 and 6.

Attached Form

Each real estate listed in the list is located in the rearrangement zone of the housing reconstruction project promoted by the plaintiff.

The Defendants did not consent to the establishment of partnership at the time of the Plaintiff’s inaugural general meeting.

C. On September 20, 201, the Plaintiff sent a notice of consent to the establishment of the association to the Defendants as soon as possible along with the written consent to the establishment of the association.

The above notice reached the defendants around that time. D.

On January 2, 2012, the Plaintiff sent a written peremptory notice to ask the Defendants whether they agree to the establishment of a reconstruction association, along with the written consent to the establishment of the association.

The above peremptory notice reached the defendants around that time.

E. The Defendants did not indicate to the Plaintiff whether they agree to the establishment of a reconstruction association even after receiving the aforementioned non-approval notice and peremptory notice from the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The parties' assertion

A. After completing an inaugural general meeting on September 20, 201 pursuant to Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and Article 48 of the Act on Ownership and Management of Condominium Buildings, the Plaintiff urged the Defendants to respond without delay as to whether they would participate in a reconstruction project, and the Defendants reply for two months thereafter.

arrow