logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.07.17 2018가합102816
부동산매도청구
Text

1. The Defendants are paid the money indicated in the “sale price” column of the annexed purchase price calculation sheet from the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and maintenance project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which is promoting a reconstruction project to construct apartment units and ancillary facilities on the site of 181,855 square meters in Seo-gu Daejeon, Seo-gu, Daejeon Special Metropolitan City (hereinafter “instant project”). On October 18, 2012, the Plaintiff obtained authorization for establishment from the head of Seo-gu, Daejeon Special Metropolitan City, and completed the establishment registration on November 5, 2012.

B. The Defendants, as those who consented to the establishment of the Plaintiff Association, possess each of the above real estate as owners of each real estate indicated in the “real estate B” column for the “real estate B” column for the calculation of the purchase price in attached Table 1, which is the real estate located within the above site (hereinafter “instant real estate”), according to the sequence No. 2 attached hereto.

C. On January 10, 2018, the Plaintiff received project implementation authorization on December 29, 2017, and sent a notice of receipt of the application for parcelling-out to Defendant B, J, and K on January 10, 2018, and on January 26, 2018, to the remaining Defendants, other than the aforementioned Defendants, respectively, for 32 days from the Plaintiff’s partnership’s office from January 12, 2018 to February 13, 2018, notified the Plaintiff to apply for parcelling-out from the Plaintiff’s association’s office for parcelling-out, and thereafter extended the period of application for parcelling-out to February 28, 2018, the Defendants did not apply for parcelling-out within the said period.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendants are the owners of the instant real estate; the Plaintiff’s notification of the application for parcelling-out to the Defendants by setting the period for filing an application for parcelling-out; and the Defendants’ failure to file an application for parcelling-out within the period for filing an application for parcelling-out even after the said notification is received, as seen earlier. 2) The former Act was amended by Act No. 12116, Dec. 24, 2013, such as the Plaintiff’s failure to file an application for parcelling-out or withdrawal.

arrow