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(영문) 서울중앙지방법원 2014.12.24 2014가합520684
소유권이전등기
Text

1. The Defendant received KRW 1,027,000,000 from the Plaintiff at the same time, and simultaneously received from the Plaintiff:

(a)each entry in the separate sheet;

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for a housing reconstruction improvement project of 24,067 square meters of land outside Seocho-gu Seoul, Seocho-gu.

The defendant is the owner of each real estate listed in the separate sheet in the above project implementation district (hereinafter referred to as "each real estate of this case"), and is the plaintiff's member, and is currently recorded in the same list.

1. A person shall reside in real estate;

B. The Plaintiff was authorized to establish an association on August 11, 2010 by the head of Seocho-gu Seoul Metropolitan Government, and after obtaining authorization for project implementation on October 26, 2012 from the head of Seocho-gu, the Plaintiff filed an application for parcelling-out with its members from November 14, 2013 to December 23 of the same year through notification and public announcement procedures, such as the period for application for parcelling-out under Article 46(1) of the Urban Improvement Act, but the Defendant did not apply for parcelling-out during the above period.

C. On April 11, 2014, the Plaintiff exercised the right to sell each of the instant real estate by serving a written complaint on the Defendant, which reaches the Defendant.

[Grounds for Recognition] The project implementer under Article 39 of the Urban Improvement Act (amended by Act No. 12116, Dec. 24, 2013) shall file a claim for sale with respect to the land or building of any of the following persons in implementing the housing reconstruction project or the housing reconstruction project by applying mutatis mutandis the provisions of Article 48 of the Act on the Ownership and Management of Aggregate Buildings to the land or building of any of the following persons when the project implementer implements the housing reconstruction project or the housing reconstruction project:

In such cases, the rebuilding resolution shall be deemed the consent (referring to the consent to the designation of a project implementer in the case of subparagraph 3) for the establishment of an association, and the partitioned ownership and the right to use site shall be deemed the ownership and other rights of the land or buildings subject to the claim for sale

1. A person who fails to consent to the establishment of an association under Article 16 (2) and (3);

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