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(영문) 서울북부지방법원 2018.05.03 2016가합23308
소유권이전등기
Text

1. The Defendants shall pay each corresponding amount of money as stated in the “sale Price” column in the list of the execution of the attached sales contract from the Plaintiff.

Reasons

Facts of recognition

The plaintiff is a housing reconstruction and improvement project association that is a corporation under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), which is established to implement a reconstruction project of multi-family housing, etc. as a business

The defendants are those who own real estate in the business area, such as the attached list of real estate.

On December 18, 2002, before the filing of the instant lawsuit, the Plaintiff filed an application for the correction of the indication of a party with the Defendant D, E, F, and G, a child, as his heir, and continued the lawsuit.

On March 2, 2006, the Plaintiff, while continuing the instant lawsuit, was confirmed to have died on March 2, 2006, before the instant lawsuit was filed by H, the Plaintiff filed an application for correction of the indication of the party with Defendant I, his/her spouse, Defendant J, K, L, M, N, andO, and the lawsuit was pending.

The plaintiff filed an application for authorization to establish an association with the consent of the establishment from the owners of land, etc. in the project zone, and completed the establishment registration on February 12, 2016 with the approval of establishment from the head of Gangseo-gu Seoul Metropolitan Government.

On March 21, 2016, the Plaintiff sent a written peremptory notice stating that “The Plaintiff shall exercise the right to demand sale under Article 39 of the former Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter the same) and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as “Act on the Ownership and Management of Aggregate Buildings”) shall exercise the right to demand sale, where the Plaintiff, including the Defendants, agrees to the establishment of the association within two months from the date of receipt of the written peremptory notice, and where it is deemed that he/she did not consent to the establishment of the association or give no reply within two months.”

This letter of peremptory notice.

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