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(영문) 서울고등법원 2019.06.19 2018나2026060
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

The defendant shall be 476,476.

Reasons

1. Facts of recognition;

A. Party status 1) The Plaintiff is approximately KRW 58,488.20 square meters in Mapo-gu Seoul Metropolitan Government (hereinafter “instant improvement zone”).

(2) In the case of the Housing Reconstruction Improvement Project (hereinafter “instant Project”)

In order to implement the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12640, May 21, 2014; hereinafter “former Act on the Maintenance and Improvement of Urban Areas”)

The Plaintiff is a housing reconstruction and rearrangement project partnership established pursuant to the Mapo-gu Office’s establishment authorization (hereinafter “instant establishment authorization”) from the head of Mapo-gu on March 28, 2014.

(2) Upon receipt of a written authorization from the head of Mapo-gu on April 12, 2015, the Defendant is the owner of each of the real estate listed in the separate sheet located in the instant improvement zone (hereinafter “each of the instant real estate”).

B. 1) On July 7, 2015, the Plaintiff urged the instant complaint against the Defendant to reply in writing to whether he/she consents to the establishment of the association within two months from the date of receipt of the promotional letter, and, if it is deemed that the Plaintiff did not consent to the establishment of the association because he/she submitted his/her intention not to participate in the establishment of the association or did not reply within two months from the date of receipt, he/she shall exercise the right to demand sale under Article 39 of the former Urban Improvement Act and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the instant written peremptory notice”). (hereinafter “the Act”).

(2) On August 25, 2015, the Defendant received the instant complaint and the instant peremptory notice, and submitted a written answer to oppose the establishment of an association on October 12, 2015.

C. The Plaintiff’s exercise of the Plaintiff’s right to demand sale shall exercise the right to sell each of the instant real estate owned by the Defendant on the day following the lapse of two months from the date when the Defendant received the instant peremptory notice.

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