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(영문) 부산지방법원 2017.08.24 2016가단329145
소유권이전등기
Text

1. From the Plaintiff, Defendant B is paid KRW 2,985,00, Defendant C is paid KRW 814,092, Defendant D, E, F, and G, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff is a reconstruction and consolidation project association whose project implementation district covers I members of Busan Dong-gu, and obtained authorization for the establishment of the association on September 23, 2009 from the head of Busan Dong-gu on July 16, 2015 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

On March 27, 2016, the Plaintiff holds a general meeting on March 27, 2016, and obtained consent from 983 members of the Plaintiff, among 1,040 members, to change the establishment of an association. The Plaintiff obtained authorization for change from the competent authorities on May 23, 2016.

B. The co-owners holding the net J, the net K, and the Defendant B with respect to the 68.3 square meters of H road located in the project implementation district (hereinafter “instant land”) of the Dong-gu Busan Metropolitan City H. 68.3 square meters (hereinafter “instant land”). The network K and B are co-owners holding each 265/7924 shares.

C. The deceased on December 18, 2014, which was before the filing of the instant lawsuit, died, and its inheritors have L, M, N,O, P, Q, Q, and R (1/7 shares), each of whose children are children.

On September 6, 2013, prior to the filing of the instant lawsuit, GK died on September 6, 2013, and its inheritors have Defendant C (3/11 shares), Defendant D, E, F, and G (2/11 shares, respectively).

On June 29, 2016, the Plaintiff sent a peremptory notice to reply to the consent to the change of the establishment of the association within two months from the date of receipt of the written peremptory notice to each of the respective addresses of the deceased J, G, and Defendant B, and, at the same time, expressed his/her intent to request the sale of the instant land if he/she did not reply to the consent to the change of the establishment of the association within two months from the date of receipt of the written peremptory notice, and the instant written complaint also stated his/her intent to request the sale of the Defendants along with the above peremptory notice. The duplicate of the instant written complaint was finally sent to the Defendants on September 12, 2016, but the Defendants did not reply to the Plaintiff by the lapse of two months thereafter.

E. The market price of the instant land as of November 13, 2016, on the day following the lapse of two months from the date of the final delivery of the copy of the instant complaint, is KRW 89,267,00.

(f)in this regard;

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