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(영문) 서울고등법원 2019.08.21 2018나2065928
소유권이전등기 등
Text

1. The judgment of the first instance court, including the modification of a claim by this court, shall be modified as follows:

The defendants are the defendants.

Reasons

1. Basic facts

A. The Plaintiff is a reconstruction improvement project association that obtained authorization from the head of Songpa-gu Seoul Metropolitan Government on June 1, 2016 pursuant to Article 16 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) to implement reconstruction improvement projects in the size of 64,974.90 square meters of Songpa-gu Seoul Metropolitan Government.

The Defendants are owners of each of the real estate listed in the separate sheet No. 2 in the said rearrangement project zone (the combination of these real estate shall be referred to as “each of the instant real estate,” and the individual real estate shall be referred to as “No. 0 real estate”).

(The real estate owned by each defendant is as shown in the attached Table 1. B.

On June 20, 2016, pursuant to Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), the Plaintiff urged the Defendants to reply within two months whether they will participate in the reconstruction. If they do not reply within two months, the Plaintiff responded to the purport that they will not participate in the reconstruction, and sent a peremptory notice to the effect that they will exercise the right to demand sale in accordance with the relevant Acts and subordinate statutes.

C. Defendant B, C Co., Ltd (hereinafter “C”), E, and G are served on June 21, 2016, Defendant D, and F respectively, on June 22, 2016, but did not answer two months in all.

On September 13, 2016, the Plaintiff filed the instant lawsuit against Defendant B, C, and D, and on September 28, 2016, against the remaining Defendants under the former Act on the Maintenance of Urban Areas and the Act on the Ownership and Management of Aggregate Buildings, respectively. A duplicate of the complaint was served on each relevant date indicated in the “the date of formation of the sales contract” in the attached Table 1.

【Facts without dispute over the grounds for recognition, entry of Gap's evidence 1 through 6, purport of the whole pleadings

2. Determination

(a) A project implementer which has established a sales contract shall carry out a housing reconstruction project.

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