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(영문) 수원지방법원 안양지원 2018.06.21 2017가단12583
소유권이전등기말소등기 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts - The Defendant was a housing redevelopment and rearrangement project association whose business area covers 185,269.3 square meters of the Gu Won-gu, Ansan-si, and was granted authorization for the establishment of the partnership on May 29, 2012, authorization for the implementation of the project on June 2, 2015, and authorization for the management and disposal plan on April 22, 2016.

The plaintiff was the owner of the real estate in this case within the housing redevelopment improvement project zone of the defendant, and became a cash liquidation businessman because he did not apply for parcelling-out within the period of application for parcelling-out.

The defendant applied for the adjudication of expropriation to the Gyeonggi-do Regional Land Tribunal in order to hold a compensation consultation with the plaintiff, and the local Land Tribunal of Gyeonggi-do made the adjudication of expropriation on June 12, 2017 as of July 27, 2017.

On July 18, 2017, prior to the date of commencement of expropriation, the defendant deposited compensation for losses for the plaintiff in accordance with the above ruling of expropriation.

After that, on July 27, 2017, the registration of transfer of ownership in the name of the defendant was completed on July 28, 2017 by the Inyang Branch of Suwon District Court for the purpose of expropriation as the receipt No. 94678 on July 28, 2017.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 and 2 (provisional number attachment), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Summary of the assertion 1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which is a mandatory law

(2) According to Article 47 of the Act and Article 44(4) of the Defendant’s Articles of incorporation, the Defendant shall liquidate to the Plaintiff who failed to apply for parcelling-out in cash within 150 days following the completion date of the application for parcelling-out. Nevertheless, the Defendant completed the registration of transfer of ownership on the instant real estate due to expropriation without any legal basis, even though the right to expropriate was extinguished due to cash settlement within 150 days following the date following the date of the completion date of the application for parcelling-out. 2) The Plaintiff and the Defendant with respect to the instant real estate between the Plaintiff and the Defendant, a sales contract on May 15, 2015, which is the next day after

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