logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.04.27 2016나3602
관리비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On November 12, 2004, C Housing Redevelopment Association (hereinafter “Association”) obtained project implementation authorization from the head of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “head of the Gu”) for housing redevelopment projects (from November 12, 2004 to November 11, 2010, the project implementation period for housing redevelopment projects in Yeongdeungpo-gu Seoul Metropolitan Government D, and the Defendant applied for parcelling-out to the Association on January 5, 2005 during the period for application for parcelling-out, and on March 30, 2006, the Association obtained project implementation authorization from the head of the Gu and publicly announced the extension of the application period for parcelling-out by setting the period from March 31, 2006 to April 7, 2006.

B. On February 27, 2007, the Cooperative received a management and disposal plan (hereinafter “authorization of the management and disposal plan”) from the head of the Gu, which includes the content that the Defendant, etc. is subject to parcelling-out, and the Defendant sold an apartment as indicated in the attached list (hereinafter “instant apartment”) through the same-class lottery, but expressed his/her intent on October 18, 201 that “the Association shall withdraw the application for parcelling-out and want to liquidate cash.”

C. The Cooperative reported to the head of the Gu the change of the area of the site by the size of the pre-sale area while changing two (2) persons (2) from among the pre-saleable persons to the object of cash settlement

On June 29, 201, the head of the Gu announced the modification of the management and disposition plan (hereinafter “authorization of the second management and disposition plan”) on June 30, 201 with respect to a union with a meaning of accepting a report, and announced the same as the second management and disposition plan (hereinafter “instant transfer announcement”). D. On the same day, the transfer announcement was made on the same day as the second management and disposition plan.

On March 17, 2014, the registration of ownership preservation was made in the name of the defendant due to the commission of the registration of provisional seizure on the apartment of this case, and on August 24, 2015, the registration of ownership transfer was made in the name of F on the ground of sale by compulsory auction under the receipt of the Seoul Southern Southern District Court registration office No. 45426.

E. The instant apartment is located on January 201.

arrow