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(영문) 창원지방법원 2015.04.07 2014나4495
소유권이전등기 등
Text

1.The judgment of the first instance shall be modified as follows:

Defendant B, E, F, and G respectively from the Plaintiff 122,00.

Reasons

1. Facts of recognition;

A. The relationship 1) The Plaintiff is the Plaintiff’s housing reconstruction project in the H Il-si, Changwon-si, Changwon-si (hereinafter “instant reconstruction project”).

(1) The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”).

(2) The Defendants were owners (Defendant C and D are owners of 1/2 shares of each of the real estate listed in the separate sheet of real estate (hereinafter referred to as “each of the instant real estate”) and holders of each real estate listed in the separate sheet of real estate located within the implementation zone of the instant reconstruction project, and were the Plaintiff’s members who agreed to the instant reconstruction project.

B. After receiving project implementation authorization on December 20, 2007, the Plaintiff neglected to apply for parcelling-out, the “from October 17, 201 to November 16, 201” was determined and publicly announced as the period for application for parcelling-out.

However, the defendants did not apply for parcelling-out until the period of application for parcelling-out expires.

C. On September 20, 2012, the Plaintiff obtained approval of a management and disposal plan based on the current status of the application for parcelling-out from the Changwon market on the basis of the application for parcelling-out. 2) As to real estate listed in the attached real estate list No. 1, the registration of creation of a mortgage consisting of a maximum debt amount of 84,000,000, and each real estate listed in the attached list No. 3, the registration of creation of a mortgage consisting of 21,00,000 won (the Changwon District Court No. 27261, Aug. 24, 1992, and the same court No. 58527, Sept. 2, 2002) and the registration of creation of a mortgage over the real estate listed in the attached list No. 4,80,000,000 won, respectively.

[Ground of Recognition] Facts without dispute, Gap evidence 1 through 3, evidence 4-2, 3, 5 through 7, Gap evidence 6, 8, evidence 14-1, 2, and evidence 15, the purport of the whole pleadings

2. The assertion and judgment

A. The establishment of a sales contract upon the exercise of the claim for sale.

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