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(영문) 서울북부지방법원 2016.05.13 2015가단108113
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 190,700,000 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a cooperative established for a reconstruction improvement project of the size of 52,476 square meters in Gangnam-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Plaintiff obtained authorization for the implementation of the project on December 12, 2008 from the head of Gangnam-gu Seoul Metropolitan Government, and authorization for the implementation of the project on April 16, 2013, respectively.

B. The Defendant owned and occupied the real estate in the attached list in the above improvement project zone (hereinafter “instant real estate”), and consented to the establishment of the Plaintiff Union.

The registration of the establishment of a neighboring mortgage of a national bank in Seoul Northern District Court was completed on November 2, 201, No. 70365, which was received on November 2, 2011.

C. The Plaintiff received an application for parcelling-out from May 30, 2013 to July 28, 2013, and extended the period to August 11, 2013 (hereinafter “first application for parcelling-out”); and again, received an additional application for parcelling-out from April 29, 2014 to May 16, 2014 (hereinafter “second application for parcelling-out”).

However, the defendant did not file an application for parcelling-out during each of the above applications for parcelling-out.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6, and 8 evidence, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion consented to the establishment of the Plaintiff’s association but fails to apply for parcelling-out, thereby losing the status of the Plaintiff’s member. As such, the Plaintiff seeks implementation of the procedures for ownership transfer registration and delivery of the instant real estate as a preliminary cancellation of the registration of establishment of the National Bank of Korea on the ground of sale as of August 12, 2013, the date following the end of the second application for parcelling-out, which is the date following the end of the second application for parcelling-out, by applying mutatis mutandis Article 39 of the Urban Improvement Act.

B. The defendant's assertion that the defendant loses its membership can maintain its membership.

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