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(영문) 대구지방법원서부지원 2019.05.30 2018가합50585
소유권이전등기
Text

1. The Defendant received KRW 819,571,510 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a)each entry in the separate sheet;

Reasons

1. Basic facts

A. On February 24, 2011, the Plaintiff is entitled to the instant business area (hereinafter “instant business area”) of the Seo-gu, Seo-gu, Daegu C, 79,701 square meters (hereinafter “instant business area”).

2) Re-building maintenance project (hereinafter “instant project”)

For this purpose, the approval of the head of Daegu District Office was obtained, and the authorization of modification was modified on July 13, 2016 (hereinafter referred to as “authorization of modification of this case”).

(2) The Defendant was the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) located in the instant project zone and consented to the modification of the authorized matters at the time of the instant modification as the Plaintiff’s member.

B. On June 20, 2017, the Plaintiff obtained authorization to implement the instant project on the implementation of the reconstruction project, and issued a public announcement of the parcelling-out application period from August 3, 2017 to September 3, 2017, and extended the period for application for parcelling-out to September 17, 2017.

[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence (including additional number; hereinafter the same shall apply), the purport of whole pleadings

2. Occurrence of obligation to transfer and deliver ownership of each of the instant real estate;

A. The reconstruction association, which is a project implementer under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “former Act”) does not, in principle, recognize the right to expropriate real estate in the rearrangement zone. The project implementer’s right to demand sale under Article 39 of the same Act is against non-members in principle, and it cannot be immediately applied to a person subject to cash settlement who has agreed to establish an association, but the person subject to cash settlement shall not apply to the application for parcelling-out.

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