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(영문) 대구고등법원 2018.09.05 2017나24619
소유권이전등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction improvement association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement the housing reconstruction improvement project (hereinafter “instant housing reconstruction improvement project”) of Daegu-gu H Group (hereinafter “instant project site”). On September 24, 2015, the Plaintiff completed the establishment registration on October 26, 201 after obtaining authorization from the head of Daegu Southern-gu Head of the Gu for the establishment of the association.

B. The Defendants are each owners of each real estate indicated in the separate sheet No. 1 located within the instant project site (hereinafter collectively referred to as “each of the instant real estate”) and constitute the owners of each land, etc. under Article 2 subparag. 9 (b) of the Urban Improvement Act.

C. On June 26, 2015, the Plaintiff’s promotion committee held an inaugural general meeting and passed a resolution on the implementation plan for reconstruction improvement projects. The Plaintiff’s promotion committee shall obtain the consent of 103 landowners (76.8%), among 134 landowners (19 landowners’ housing and 97 appurtenant welfare facilities, and 18 landowners’ owners) in the instant project site, and the consent of 15,812 square meters (72.5%) out of the total size of land 21,808 square meters (72.5%) within an area that is not a housing complex. As such, the instant project site is located within an area that is not a housing complex, the Plaintiff’s promotion committee must obtain the consent of at least 3/4 (75%) of landowners or building owners, and the consent of at least 2/3 (6.6%) of the size of land (75%) under Article 16(3) of the Urban Improvement Act.

On September 24, 2015, the approval was obtained from the head of Daegu Southern District Office.

The Plaintiff shall urge the Defendants, who did not agree to the establishment of an association pursuant to Article 39 of the Act on the Ownership and Management of Aggregate Buildings and Article 48 (1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Aggregate Buildings Act”), to reply to whether they agree to the establishment of the association within two months, and if they do not reply, they shall exercise the right to demand sale on October 27, 2015.

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