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(영문) 서울남부지방법원 2016.08.25 2014가합106527
소유권이전등기
Text

1. The Plaintiff:

A. Defendant B received KRW 85,000,000 from the Plaintiff and simultaneously entered in Section 1 of the attached Table.

Reasons

1. Basic facts

A. On December 10, 2013, the Plaintiff: (a) obtained authorization for the establishment of a reconstruction project association from the head of Yeongdeungpo-gu Seoul Metropolitan Government under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); and (b) completed the registration of incorporation on December 12, 2013.

B. Each real estate listed in the separate sheet (hereinafter “each real estate of this case”) is located within the above rearrangement project zone, and the real estate of this case is owned by Defendant B, Defendant C, and Defendant D, respectively.

C. On April 3, 2014, the Plaintiff sent a written peremptory notice to the Defendants to the effect that “if it is deemed that the Plaintiff consented to the establishment of the association within two months from the date of receipt of the written peremptory notice, and if it is deemed that the Plaintiff did not consent to the establishment of the association or did not reply within two months, it would exercise the right to demand sale under Article 39 of the Urban Improvement Act.” However, it was returned.

Upon filing the instant lawsuit on July 1, 2014, the Plaintiff stated in the complaint that “the Plaintiff shall exercise a right to demand sale as prescribed by Article 39 of the Urban Improvement Act,” and attached and submitted a written peremptory notice with the same content as the above paragraph (c). The duplicate of the complaint was served on Defendant B on August 14, 2014; Defendant C on July 21, 2014; and Defendant D on December 25, 2014, respectively.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 5 (including each branch number in the case with a branch number) and the purport of whole pleadings

2. Judgment on the plaintiff's claim

A. 1) The establishment of a sales contract is the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents, Article 39 of the Act on the Ownership and Management of Aggregate Buildings, and the Act on the Ownership and Management

According to the provisions of paragraphs (1) through (4) of Article 48, a housing reconstruction project association agrees to establish an association.

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