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(영문) 수원지방법원 2019.08.28 2017가단16507
소유권이전등기
Text

1. The defendant received KRW 954,626,90 from the plaintiff and simultaneously received KRW 954,626,90 from the plaintiff,

(a)indicating attached real estate;

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and rearrangement project association that obtained authorization to establish an association from the Suwon City Mayor on September 7, 2016 for the purpose of housing reconstruction and rearrangement project with the total area of 58,536 square meters in Suwon-si, Suwon-si as the project implementation district.

The Defendant is the owner of each real estate indicated in the indication of the attached real estate located in the project implementation district (hereinafter “instant real estate”).

B. On January 31, 2017, the Plaintiff urged the Defendant to reply in writing to whether to participate in the re-building within two months, and asked to the effect that he/she will not participate in the re-building if he/she does not reply within two months. In such case, the Plaintiff sent a peremptory notice to the Defendant to the effect that he/she will exercise the right to demand sale under Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”). The Defendant did not reply within two months after receiving it on February 1, 2017.

C. On May 25, 2017, the Plaintiff filed the instant lawsuit against the Defendant, and exercised the right to demand sale as prescribed by Article 39 of the former Act on Urban Improvement.

“The Defendant entered the purport,” and received a copy of the instant complaint on June 1, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to Article 39 of the former Act on the Establishment of Sales and Purchase of Aggregate Buildings and Article 48(1) through (4) of the Act on the Ownership and Management of Aggregate Buildings, a housing reconstruction and improvement project association shall urge a person who did not consent to the establishment of the association to reply in writing as to whether he/she will participate in the reconstruction, and where he/she does not reply within two months, he/she may request a sale by deeming that he/she did not participate in the reconstruction and claim a sale by deeming that he

A defendant shall be within three months before filing a lawsuit for demanding sale.

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