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(영문) 서울동부지방법원 2013.07.23 2011가합18350
소유권이전등기 등
Text

1. The Plaintiff:

A. Defendant B received KRW 370,926,516 from the Plaintiff at the same time, as indicated in attached Table 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting housing reconstruction projects for apartment and commercial buildings in Gwangjin-gu Seoul Special Metropolitan City, including each real estate listed in the separate sheet No. 1.

B. At the time of the instant lawsuit, Defendant B’s real estate listed in Forms 1.1 and 2; Defendant C’s real estate listed in Forms 1.3 and 4; Defendant D’s real estate listed in Forms 5 and 6; Defendant A’s real estate listed in Forms 1.5 and 6; Defendant F’s real estate listed in Forms 7 and 8; Defendant A’s real estate listed in Forms 1.9 and 10; Defendant G’s real estate listed in Forms 1.13 and 14; Defendant H’s real estate listed in Forms 15 and 16; Defendant A’s real estate listed in Forms 17 and 18; Defendant C’s real estate listed in Forms 1.17 and 18; Defendant C’s real estate listed in Forms 21 and 22; Defendant C’s real estate listed in Forms 1.23 and 24; and Defendant L’s real estate owned each of the above real estate as a partner of the Plaintiff.

Defendant E’s assignee M received each registration of transfer of ownership from Defendant E on October 29, 2012 due to the donation of the same date as the receipt of No. 64407, Oct. 29, 2012, while the instant lawsuit was pending.

C. On July 27, 2011, the Plaintiff obtained authorization to establish an association from the head of Gwangjin-gu Seoul Special Metropolitan City Office, and completed the establishment registration on August 3, 201.

On September 15, 2011, the Plaintiff sent to the Defendants a brief statement of the consent to the establishment of an association with the title "an guide (the peremptory notice to the consent to the establishment of an association)". On October 20, 201, the Plaintiff filed the instant lawsuit and the complaint issued a peremptory notice to respond to whether to participate in reconstruction pursuant to Article 39 of the Urban Improvement Act and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act"), and the written peremptory notice attached to the written consent.

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