logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2017.08.30 2016가단19673
소유권이전등기등
Text

1. The defendant shall receive KRW 1,366,00,000 from the plaintiff, and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established to implement a housing reconstruction improvement project (hereinafter “instant project”) in Suwon-gu Busan Metropolitan City, and the Defendant is a person who owns real estate in the attached list (hereinafter “instant real estate”) located in the instant project area.

B. On July 29, 2016, the Plaintiff established a business area with the total area of 251,687 square meters in Suwon-gu, Busan as the business area, and completed the registration of incorporation on August 10, 2016.

C. On October 14, 2016, the Plaintiff sent a peremptory notice to the Defendant stating that “if it is deemed that he/she urged the Defendant to reply in writing as to whether he/she will participate in the re-building within two months, and that he/she will not participate in the re-building because he/she did not reply within two months, he/she will exercise the right to demand sale under Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Defendant did not reply within two months after he/she received it at that time.

The Plaintiff filed the instant lawsuit against the Defendant on December 23, 2016, and exercises the right to demand sale as prescribed by Article 39 of the Urban Improvement Act in the complaint.

“The Defendant entered the purport,” and the Defendant received the duplicate of the instant complaint on December 30, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number in the case of additional number), the purport of the whole pleadings

2. Establishment of obligation to transfer ownership;

A. (i) According to Article 39 of the Act on the Ownership and Management 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 must urge the 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 if there is no reply within two months, he/she will not participate in the reconstruction.

arrow