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(영문) 대구지방법원 2019.05.30 2017가합209604
소유권이전등기
Text

1. Defendant B received KRW 1,039,568,00 from the Plaintiff simultaneously with the Plaintiff’s payment of KRW 1,039,568,000:

A. Attached 1. List 1.

Reasons

1. Basic facts

A. In order to promote a housing reconstruction project (hereinafter “instant reconstruction project”) in Daegu Suwon-gu D D, the Plaintiff is a housing reconstruction project partnership that completed the establishment registration after obtaining authorization from the head of the Daegu-gu Seoul Metropolitan Government on April 27, 2006 after obtaining authorization for the establishment of the association from the head of the Gu on May 26, 2006. The Defendants are owners of each real estate listed in the attached Tables 1 and 2 list located within the instant reconstruction project zone (hereinafter “each of the instant real estate”). As of the closing date of argument, the Defendants possess each of the instant real estate as of the closing date of argument.

B. On February 26, 2016, the Plaintiff obtained authorization for the establishment of the instant reconstruction project zone from the head of Suwon-gu, Daegu-gu, the head of the Gu with the size of 54,653 square meters, and the head of the association F, and obtained authorization for the establishment of the association with the size of 304 square meters outside Daegu-gu, Daegu-gu, and 304 square meters, but failed to file a lawsuit claiming the establishment of the association within the exclusion period, and obtained the authorization for the establishment of the association with 242 members among 368 owners, including the total land, etc., as

C. On September 26, 2017, the Plaintiff sent a written peremptory notice to ask the Defendants whether they wish to consent to the change of the establishment of the association by content-certified mail. The Defendants received each of the above written peremptory notice on the following day, but did not reply within two months from the date of delivery of the written peremptory notice.

Upon filing the instant lawsuit on December 14, 2017, the Plaintiff expressed his/her intent to exercise the Defendants’ right to demand sale of each of the instant real estate by serving a duplicate of the instant complaint, and the duplicate of the instant complaint was served respectively on the Defendants on December 29, 2017.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's evidence 1 through 7 (if there are additional numbers, including each lot number, hereinafter the same shall apply), the purport of the whole pleadings

2. The entry in the attached Form 3 of the relevant Acts and subordinate statutes is as follows;

3. Determination on the cause of the claim

(a) The concessionaire who has established the sales contract shall undertake the housing reconstruction project.

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