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(영문) 수원지방법원안산지원 2013.12.05 2011가합8444
소유권이전등기절차이행청구등
Text

1. The Plaintiff:

A. Defendant B received KRW 3,978,744,80 from the Plaintiff and simultaneously entered in Section 1 of the attached Table.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association (hereinafter “Plaintiff association”) established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to remove the previous building located on the ground of 68,934m2 (hereinafter “instant rearrangement zone”) in Ansan-si, Ansan-si, and to promote a housing reconstruction and improvement project that newly constructs multi-family housing.

B. The Defendants jointly own 1/2 shares of each of the real estate listed in the separate sheet No. 1 (hereinafter “instant land”) located in the instant rearrangement zone, and real estate listed in the separate sheet No. 2 (hereinafter “instant building”) of the instant land, the construction of which was suspended around May 195, 195.

C. On July 16, 2011, the Plaintiff Union obtained authorization to establish an association from the Ansan market through the inaugural general meeting on August 16, 201, and completed the registration of incorporation on August 22, 201.

On the other hand, the Defendants did not consent to the establishment of the partnership at the time of the inaugural general meeting of the Plaintiff Union.

Plaintiff

On August 29, 2011, the Cooperative sent a “peremptory Notice” to Defendant B demanding the consent to establish an association, and the said peremptory notice reached Defendant B on August 30, 2011.

E. On October 14, 2011, Plaintiff Union filed a lawsuit against the Defendants on the instant claim for sale of the instant land and building pursuant to Article 39 of the Urban Improvement Act and Article 48 of the Act on Ownership and Management of Condominium Buildings. Defendant C notified Defendant C of his/her intent to consent to establish the association by serving a duplicate of the instant complaint, and the duplicate of the instant complaint was served on the Defendants on October 28, 201.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 5, 7 through 9 (including each number in case of a tentative number), the purport of the whole pleadings

2. Determination

A. The land or building for which the reconstruction association established the sales contract does not consent to the establishment of the association.

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