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(영문) 창원지방법원 2020.11.12 2019가합56435
청구이의
Text

1. The Defendant’s KRW 10,732,755 to the Plaintiff, and KRW 5% per annum from May 16, 2020 to November 12, 2020, and the following.

Reasons

Basic Facts

The Plaintiff is a cooperative established for the purpose of implementing a housing reconstruction rearrangement project (hereinafter referred to as “instant rearrangement project”) in the counter of Changwon-si, Changwon-si, and obtained authorization to establish an association from the Changwon-si on September 21, 2015, and obtained authorization to implement the project on May 15, 2017.

Since June 2, 2017, the plaintiff filed an application period for parcelling-out from June 2, 2017.

7.3. A public announcement of the application for parcelling-out was made on July 4, 2017, and the period for filing the application for parcelling-out was extended by July 13, 2017.

The defendant completed the registration of ownership transfer on April 21, 2006 with respect to the land and buildings specified in the attached list (hereinafter referred to as the "real estate of this case") within the rearrangement project zone of this case, and did not apply for parcelling-out to the plaintiff by the end of the application for parcelling-out

As the Changwon District Court received on October 14, 2005, KRW 26,000,000 from the Changwon District Court received on October 14, 2005, and KRW 123,50,000 with the maximum debt amount received on April 21, 2006, and KRW 27458, and KRW 123,50,000 with the maximum debt amount received on April 21, 2006, and KRW 7059 with the receipt of November 10, 2010, each registration of creation of a mortgage of KRW 26,00

(2) On September 6, 2017, the Plaintiff filed a lawsuit against the Defendant for the registration of ownership transfer of the instant real estate under the Changwon District Court Decision 2017Gahap54213, Sept. 14, 2019, on the following grounds: (a) the registration of ownership transfer of the instant real estate was deemed to be the “registration of ownership establishment of the instant neighboring real estate”; (b) the Plaintiff filed a lawsuit against the Defendant for the registration of ownership transfer of the instant real estate under the Changwon District Court Decision 2017Gahap54213, Sept. 6, 2017; and (c) on July 11, 2019, the said court exercised the right to demand sale by filing a lawsuit against the Defendant who became subject to cash settlement due to the filing of a lawsuit for the registration of ownership transfer under Article 47(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017).

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