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(영문) 수원지방법원안산지원 2019.12.18 2017가단62627
소유권이전등기
Text

1. The defendant received KRW 68,805,470 from the plaintiff at the same time, and simultaneously received the payment from the plaintiff,

(a) real estate listed in the separate sheet;

Reasons

1. Basic facts

A. The Plaintiff is, in order to implement a housing reconstruction improvement project (hereinafter “instant project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant rearrangement zone”) in the Dongwon-gu Seoul Special Metropolitan City, Ansan-si Seoul Special Metropolitan City Group 17,750 square meters (hereinafter “instant rearrangement zone”), the Plaintiff is a housing reconstruction improvement project association which obtained authorization from the Ansan City Mayor on June 21, 2017 and completed the establishment registration on July 27, 2017.

The Defendant is the owner of the real estate indicated in the attached list (hereinafter referred to as “instant real estate”) located in the instant rearrangement zone.

B. On August 28, 2017, the Plaintiff urged the Defendant to reply to the consent to the establishment change of an association and the subscription of union members pursuant to Article 39 of the former Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 28, 2017; hereinafter “former Act”). In the event that the Plaintiff does not reply in writing within two months from the date of receipt of the peremptory notice, the Plaintiff submitted the instant complaint stating his/her intent to exercise the right to demand sale (a peremptory notice attached thereto), and the instant warden was served on the Defendant on September 8, 2018.

The defendant did not reply to the above peremptory notice after the lapse of two months.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7 (including each number for each case) and the purport of whole pleading

2. The facts that the defendant did not consent to the establishment of the plaintiff's association, and that the defendant did not receive a copy of the complaint of this case containing the plaintiff's expression of intent to exercise the right to demand sale while demanding the consent to the establishment of the association and joining the association members, but did not reply within two months as seen earlier.

In addition, in full view of the purport of the entire arguments as a result of the request for appraisal of appraiser D by this court, the instant real estate includes development gains expected to occur due to reconstruction as of November 9, 2018.

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